Piety Developments Pty Ltd v Cumberland City Council

[2024] NSWCA 173

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Acceptance of offer
4. › Communication of acceptance
5. › Whether passing of council resolution at public meeting and publication of unsigned minutes on website constituted sufficient communication of acceptance
6. › Whether legislative and regulatory framework affecting council's operations relevant to objective assessment of communication of acceptance
1. Contract
2. › Formation
3. › Acceptance of offer
4. › Public bodies
5. › Whether resolution of multi-member public body to accept offer constitutes binding contract absent direct communication to offeror
1. Land Law
2. › Conveyancing
3. › Requirements of writing
4. › Memorandum or note of contract for sale
5. › Whether signed minutes of council meeting comprised memorandum or note for purposes of s 54A
6. › Conveyancing Act 1919 (NSW), s 54A
1. Local Government
2. › Classification of land
3. › Community land
4. › Trust for a public purpose
5. › Whether land acquired by resumption under s 532 of the Local Government Act 1919 (NSW) was subject to trust for public purpose
6. › Local Government Act 1919 (NSW), ss 526, 532, 536A
7. › Local Government Act 1993 (NSW), Sch 7, cl 6(2)(b)

Quick Take

A council resolution to accept an offer, even if passed at a public meeting and published in minutes on the council's website, does not constitute sufficient communication of acceptance to form a binding contract absent direct communication to the offeror by an authorised person.