Nesci v Nesci

In the Supreme Court of Western Australia, Antonio Nesci brought an application against his brother Francesco Nesci, seeking leave to withdraw an offer made under O 24A of the Supreme Court Rules. The brothers, who are co-owners of Lot 22 Great Northern Highway, Muchea, were in a dispute over the sale of the property. Antonio had offered to sell his half interest to Francesco for $65,000, based on a third party's offer to purchase the whole property for $130,000. Before the offer was accepted, the third party increased their offer to $150,000. Antonio then sought to withdraw the O 24A offer.

The court had to determine whether Antonio could withdraw the offer after acceptance and if the change in circumstances was sufficient to justify the withdrawal. The court examined relevant case law and principles, including that an offer made under O 24A is subject to court procedures and that the overriding principle is the interests of justice. The court found that the fact of acceptance did not prevent it from permitting the withdrawal of the offer. However, the court held that there had not been a sufficient change in circumstances to justify the withdrawal of the offer. The increase in the amount the third party was prepared to pay for the land was not enough to justify the withdrawal of the offer. The court dismissed the application and will hear the parties on the question of costs.