Comino v Manettas, Cooney v Manettas

The New South Wales Court of Appeal considered the dispute between the appellants, Comino and Cooney, and the respondent, Manettas. The core of the disagreement concerned the enforceability of certain agreements relating to the sale of shares in a company.

The Court was required to determine whether the agreements constituted a valid and enforceable contract for the sale of shares, and if so, whether the respondent had breached those agreements. A further issue was whether the appellants were entitled to specific performance of the agreements or, alternatively, damages for breach of contract.

The Court analysed the correspondence and conduct of the parties to ascertain whether a concluded agreement had been reached. It applied principles of contract law, including offer, acceptance, and consideration, to determine if the essential terms of the share sale were sufficiently certain. The Court also considered the equitable remedy of specific performance and the circumstances under which it would be granted, as well as the principles governing the assessment of damages for breach of contract.

The Court found that a binding agreement for the sale of shares had been formed. It ordered specific performance of the agreement, compelling the respondent to transfer the shares to the appellants.