Abadeen Group Pty Ltd & Anor v Bluestone Property Services Pty Ltd & Ors; Brown & Ors v Hodgkinson & Ors

[2009] NSWCA 386

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Intention to create legal relations
4. › Objective intention of parties
5. › Whether handwritten document signed at informal meeting constituted binding contract
6. › Significance of statement that solicitor would draft agreement properly
7. › Masters v Cameron categories
8. › Whether parties needed agreement on all essential terms
1. Contract
2. › Formation
3. › Certainty of terms
4. › Whether agreement void for uncertainty
5. › Essential terms left for future negotiation
6. › Identity of parties
7. › Mechanism for transfer of property interests
8. › Consequences of failure to obtain mortgagee consent
1. Contract
2. › Formation
3. › Post-contractual conduct
4. › Relevance of subsequent conduct to determining whether binding agreement reached
5. › Whether payments made in performance of contract or in anticipation of future agreement

Quick Take

A handwritten document signed at an informal meeting does not constitute a binding contract where the document leaves many essential terms unresolved, a participant expressly states that a solicitor should draft a proper agreement, and the post-meeting conduct is inconsistent with the alleged contract terms. Signatures on such a document are a relevant but far from conclusive factor in determining contractual intention. The informality of the meeting venue is not a significant factor.