Ravinder Rohini Pty Ltd v Krizaic

Ravinder Rohini Pty Ltd sought a declaration that a contract existed for the redevelopment of a hotel site in Sydney. The defendant, Mr Krizaic, claimed there was no enforceable contract. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was whether there was a binding agreement between the parties that established a partnership for the redevelopment of the hotel site. The court had to determine whether the parties had concluded a contract for an immediate partnership or a contract to form a future partnership. Additionally, the court had to examine the terms of any such contract and whether there had been a breach of those terms.

The court examined the communications between the parties and found that there was a mutual intention to enter into a partnership for the redevelopment of the hotel site. The court held that the parties had concluded a binding contract for a future partnership. The terms of the contract were largely consistent with those in the written agreement that the parties had failed to finalise. The court found that Mr Krizaic had breached the contract by failing to contribute to the costs of the redevelopment as agreed. The court also found that Mr Krizaic was liable for the costs of the proceedings.

The court made a declaration that a contract existed for the redevelopment of the hotel site and ordered Mr Krizaic to pay the costs of the proceedings.