Bleicher v Hawthorne

Bleicher (the plaintiff) brought proceedings against Hawthorne (the defendant) in the New South Wales Court of Appeal concerning a dispute over a contract for the sale of land.

The primary legal issue before the Court of Appeal was whether the plaintiff had validly exercised an option to purchase the land, and consequently, whether a binding contract for sale had been formed. This involved an examination of the terms of the option agreement and the conduct of the parties in relation to its purported exercise.

The Court of Appeal considered the principles of contract formation, specifically focusing on the requirements for valid acceptance of an offer. It analysed whether the plaintiff's actions constituted a clear and unequivocal acceptance of the offer to sell the land as stipulated in the option agreement. The Court found that the plaintiff's conduct did not amount to a valid exercise of the option, and therefore, no binding contract for sale had been created.

The Court of Appeal dismissed the plaintiff's appeal.