Kriketos v Livschitz
[2009] NSWCA 96
Citation 1
…is silence, as signalling to the offeror that his offer had been accepted.” [5] (1988) 14 NSWLR 523, at 535 and see Kriketos v Livischitz [2009] NSWCA 96; Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; Dalgety Australia Ltd v Harris [1977] 1 NSWLR 324 and Sorby v Gordon (1874) 30 LT 528, and O’…
Ge Commercial Corporation (Australia) Pty Ltd v ACN 089 812 813 Pty Ltd
[2008] WASC 205
Citation 2
…18] [17] (1983) 57 ALJR 442. [18] [2004] VSCA 104, at [3], and [13 -26] and see also GE Commercial Corp (Australia) Pty Ltd v ACN 089 812 813 Pty Ltd [2008] WASC 205. 83 O’Donovan and Phillips say of the authorities on this issue: “Where there are a number of principal transactions and the guarantee is embodied in…
Northstate Carpet Mills Pty Ltd v B R Industries Pty Ltd
[2006] NSWSC 1057
Citation 3
(Para 17)
…the offer is made by post.[4] [4] This paragraph is based on the summary of the law in Northstate Carpet Mills Pty Ltd v BR Industries Pty Ltd [2006] NSWSC 1057 at [17], which in turn relies on Latec Finance Pty Ltd v Knight [1969] 2 NSWLR 79. 50 A further means of acceptance was discussed in Empirnall Holdings Pty…
Walker v Citigroup Global Markets Australia Pty Limited(formerly known as Salomon Smith Barney Australia Securities Pty Limited)
[2006] FCAFC 135
Citation 4
…ms in question even if they are not in fact attached, if they have been previously communicated.”[8] [8] 9th ed p.427, citing Walker v Citigroup Global Markets Australia Pty Ltd (2006) 233 ALR 687, at [76].…
Andar Transport Pty Ltd v Brambles Ltd
[2004] HCA 28
Citation 5
…ed in part on basic principles of offer and acceptance in contract law. [2] (1989) 168 CLR 242, at 256 and Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424, at 433. 41 There was debate whether the two obligations contained in the first clause of the guarantee should be read disjunctively or conjunctively, wi…
Camberfield Pty Ltd v Klapanis
[2004] VSCA 104
Citation 6
(Para 3)
…decision in Dan v Barclays Australia Ltd [17] and the Court of Appeal decision in Camberfield Pty Ltd v Klapanis .[18] [17] (1983) 57 ALJR 442. [18] [2004] VSCA 104, at [3], and [13 -26] and see also GE Commercial Corp (Australia) Pty Ltd v ACN 089 812 813 Pty Ltd [2008] WASC 205. 83 O’Donovan and Phillips say of…
Metal Roofing and Cladding Pty Ltd v Amcor Trading Pty Ltd
[1999] QCA 472
Citation 7
…Callaway JA expressed similar views.[11] [11] ( supra ) at 562 see also Metal Roofing and Cladding Pty Ltd v Amcor Trading Pty Ltd [1999] QCA 472. 70 I consider that it was sufficient that the Terms were available on 14 May 2007, even though it has not been proved that a copy of them was in the possession of the…
Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd
[1992] NSWCA 168
Citation 8
…ander would regard the conduct of the offeree, including his silence, as signalling to the offeror that his offer had been accepted.” [5] (1988) 14 NSWLR 523, at 535 and see Kriketos v Livischitz [2009] NSWCA 96; Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; Dalgety Australia Ltd v Harris [1977] 1…
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd
[1987] HCA 15
Citation 9
…liability of the surety is strictissimi juris and that ambiguous contractual provisions should be construed in favour of the surety. … “ [1] (1987) 162 CLR 549, at 561.…
McCarthy v McIntyre
[1999] FCA 784
Citation 10
…ed in type, not print, that the offer was ‘... based on our standard terms and conditions as per previous quotation ...’.” [9] [1998] 4 VR 559. [10] ( supra ) at 561.…