Supreme Court - Trial Division

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Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 (14/11998) Martin J 15/05/2015

Full-text: QSC15-119.pdf

Catchwords

CONTRACTS – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where the defendant, through an agent, sought expressions of interest for the purchase of a service station – where negotiations between the parties took place via email – where the offer was made ‘subject to contract’ and accepted ‘subject to execution of the contract’ - whether the emails constitute a contract – whether the parties reached agreement as to material incidents of the proposed transaction – whether the parties intended to be legally bound – whether the requirement for a signature is satisfied by the electronic correspondence in accordance with the Electronic Transactions (Queensland) Act 2001

CONTRACTS – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where the defendant, through an agent, sought expressions of interest for the purchase of a service station – where negotiations between the parties took place via email – where the offer was made ‘subject to contract’ and accepted ‘subject to execution of the contract’ - whether the emails constitute a contract – whether the parties reached agreement as to material incidents of the proposed transaction – whether the parties intended to be legally bound – whether the requirement for a signature is satisfied by the electronic correspondence in accordance with the Electronic Transactions (Queensland) Act 2001