Nwa Realty Pty Ltd v Christou

In this case, the plaintiff, Nwa Realty Pty Ltd, brought an action against the defendant, Christou, in the Supreme Court of New South Wales. The dispute arose from a lease agreement where the defendant was granted the first right of refusal to purchase the property if the plaintiff decided to sell. The plaintiff made an offer to sell the property to the defendant, which was stated to be open for 14 days. During this period, the defendant indicated an intention to purchase the property on different terms. Subsequently, the defendant attempted to accept the plaintiff's offer, but the plaintiff rejected the acceptance as they considered it a counter-offer.

The primary legal issue was whether the defendant's indication of a willingness to purchase on different terms constituted a counter-offer that rejected the plaintiff's original offer, or if it was merely an inquiry or request for negotiation. The court had to determine if the defendant's communication amounted to a rejection of the original offer, thereby negating the defendant's ability to accept the offer later.

The court held that the defendant's communication did not constitute a counter-offer. Instead, it was a mere indication of interest in purchasing on different terms, which did not amount to a rejection of the plaintiff's offer. Consequently, the defendant was still entitled to accept the plaintiff's offer within the specified 14-day period. The court ruled in favour of the defendant, granting an order for specific performance, thereby compelling the plaintiff to sell the property to the defendant as per the original terms of the offer.