Casquash Pty Ltd v NSW Squash Ltd (No 2)

Casquash Pty Ltd, a company, brought an action against NSW Squash Ltd, also a company, over a dispute involving a signed agreement and alleged breaches. The case was heard in the Supreme Court of New South Wales, Equity Division. The primary issue was whether the contract signed by the parties was binding, and if not, whether the contract could be rectified due to a unilateral mistake induced by fraud, dishonesty, or sharp practice. Another matter of contention was whether the notice given by the defendant was reasonable under the Conveyancing Act and whether the court had the discretion to grant relief against forfeiture.

The court held that the signed contract was binding on the parties, and only limited exceptions applied to the objective theory. The court found no evidence of fraud, dishonesty, or sharp practice by either party, and therefore, the contract could not be rectified. The court also determined that the notice given by the defendant was reasonable and not a "sacramental ritual," considering the reasonableness of the time period provided. The court held that the breadth of the statutory discretion under the Conveyancing Act was wide and that the acrimonious relationship between the parties did not preclude relief against forfeiture. However, the court held that the lease necessarily required proximity and frequent mutual dealings and that the interests of justice should be considered.

The court ordered that the signed contract was binding and that NSW Squash Ltd was liable for the breach of contract. The court also ordered that the notice given by NSW Squash Ltd was reasonable and that Casquash Pty Ltd was not entitled to relief against forfeiture. The court further ordered that the parties should bear their own costs of the proceedings.