The case provides a useful compendium of the principles governing the formation of inferred contracts, confirming that a contract will only be inferred where the evidence is clear and such a conclusion is a necessary inference from the proven facts. On mediation privilege, s 71(3)(c) of the Supreme Court Act 1935 (WA) requires an express provision in the Rules of the Supreme Court making mediation evidence admissible on costs questions; an order of a case management registrar permitting disclosure is insufficient. A Calderbank offer that is ambiguous as to whether it includes GST will not be treated as unreasonably rejected where the amount excluding GST is less than the amount recovered at trial.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
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