Civil and Civic v Brearton

In *Civil and Civic v Brearton*, the New South Wales Court of Appeal considered a dispute between a building owner, Civil and Civic, and a former employee, Mr. Brearton, concerning the latter's entitlement to a bonus payment. Mr. Brearton had been employed by Civil and Civic as a project manager and claimed he was owed a bonus under a scheme that was allegedly promised to him.

The central legal issue before the Court of Appeal was whether a binding contract for the payment of a bonus had been formed between Civil and Civic and Mr. Brearton. This involved determining whether the terms of the alleged bonus scheme were sufficiently certain to be enforceable, and whether there had been a clear offer and acceptance of those terms. The court also had to consider whether the employer's conduct amounted to a repudiation of any such agreement, thereby entitling Mr. Brearton to claim damages for breach of contract.

The Court of Appeal, upholding the decision of the trial judge, found that the employer's conduct and communications regarding the bonus scheme did not constitute a sufficiently definite offer capable of acceptance. While there was an intention to reward performance, the terms of the bonus were too vague and uncertain to form a binding contractual obligation. Consequently, the court held that no contract for the payment of the bonus had been established, and therefore, Mr. Brearton was not entitled to recover the claimed amount.