David Loudoun-Shand & Anor v Jadasi Investments Pty Ltd

[2007] NSWCA 316

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Offer and acceptance
4. › Invitation to treat distinguished from offer
5. › Letter contemplating formal offer on given terms and execution of formal document
6. › Whether endorsement 'OK agreed' constituted acceptance creating binding contract
7. › Sale of rural land
1. Contract
2. › Formation
3. › Agreement contemplating execution of formal document
4. › Masters v Cameron categories
5. › Whether parties intended to be bound prior to exchange of formal contracts
6. › Conveyancing practice in New South Wales
1. Appeal
2. › Appeal from Local Court to Supreme Court
3. › Appeal on question of law
4. › Scope of appellate jurisdiction
5. › Where leave not granted to appeal on mixed question of law and fact
6. › Whether appellate court entitled to make findings of fact
7. › Local Courts Act 1982 (NSW), ss 73(1), 74(1)
1. Appeal
2. › Court of Appeal
3. › Appeal from single judge of Supreme Court
4. › Powers of appellate court on appeal limited to errors of law
5. › Whether appellate court may embark on fact-finding exercise
6. › Supreme Court Act 1970 (NSW), s 75A

Quick Take

A letter setting out terms upon which a vendor will 'consider an offer' to purchase land, which contemplates the preparation and exchange of formal contracts, is an invitation to treat rather than an offer capable of acceptance, even where the proposed purchasers endorse it 'OK agreed' and pay an initial deposit. An appeal under s 73(1) of the Local Courts Act 1982 (NSW) is confined to errors in point of law; the appellate court cannot make findings of fact or mixed law and fact without leave under s 74(1).