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AJ Lucas Operations Pty Ltd v Gladstone Area Water Board & Anor [2015] QCA 287 (15/674) Morrison and Philippides JJA and Ann Lyons J 18/12/2015

Full-text: QCA15-287.pdf

Catchwords

CONTRACTS GENERAL CONTRACTUAL PRINCIPLES FORMATION OF CONTRACTUAL RELATIONS AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT WHETHER CONCLUDED CONTRACT where the appellant and the respondents were negotiating to try and settle a dispute between them about the termination of a joint project for the construction of water and sewerage pipelines between Gladstone and Curtis Island where the primary judge made a declaration that the parties had entered into a binding contract where the appellant argues that the parties did not intend to be bound before the formal execution of the deed of settlement where the appellant argues that no offer capable of acceptance was made by the respondents where the appellant argues that the acceptance of the final offer by the CEO of the appellant was not on the precise terms of any earlier offer where the appellant argues that the representatives of the respondents did not have authority to bind the respondents and could not have made an offer capable of acceptance by the appellant whether there was an intention to be bound by the parties whether an offer capable of acceptance was made by the respondents whether there was a difference between the terms of the final offer and the earlier oral agreement whether the parties entered into a concluded agreement