Di Pietro & Anor v Basjo Catering Pty Ltd & Ors

Di Pietro & Anor v Basjo Catering Pty Ltd & Ors involved a dispute between two parties over the sale of businesses. The plaintiffs, Di Pietro, alleged that the defendants, Basjo Catering, had agreed to sell them two businesses. The defendants denied the existence of any contract and the case proceeded to the court to determine whether a binding contract had been formed and, if not, whether the defendants were estopped from denying the existence of such a contract.

The legal issues before the court were whether the dealings between the parties, objectively considered, demonstrated a concluded bargain and, if not, whether the defendants could be estopped from denying the existence of a contract. The court needed to determine whether the actions of one of the plaintiffs, who signed an acceptance of the offer, were sufficient to bind both plaintiffs and whether the other plaintiff's refusal to sign the acceptance at any time affected the conclusion of a contract. Furthermore, if the plaintiffs assumed the existence of a binding contract, the court had to consider whether this assumption was induced by a reasonable understanding of the vendors' conduct.

The court found that no concluded contract had been established between the parties. The acceptance of the offer by one plaintiff was not sufficient to bind both plaintiffs, particularly given the other plaintiff's refusal to sign the acceptance. The court also found that the plaintiffs had not assumed the existence of a binding contract based on a reasonable understanding of the vendors' conduct. Consequently, the defendants were not estopped from denying the existence of a contract. The court held that the plaintiffs' claims were unsuccessful.

The final orders of the court dismissed the plaintiffs' claims in their entirety and ordered the plaintiffs to pay the defendants' costs.