Brambles Holdings Ltd v Bathurst City Council PDF

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Brambles Holdings Ltd v Bathurst City Council Citation Brambles Holdings Ltd v Bathurst City Council (2001) NSWCA 61;(2001) 53 NSWLR Material Facts  1st Contract  1 November 1989 expired - 20 February 1990 – Council wrote to Brambles stating it was ‘appropriate’ for Brambles to increase liquid waste fees  2nd Contract – 12 July 1990 – Clause 21 and 22 specified the fee and required a portion of that fee to be given back to Council –  Letter - 19 September 1991 – Council wrote to Brambles stating that it had resolved to increase liquid waste fees and additional income to be put in a Liquid Waste Treatment Plan –  Letter – 3 October 1991 – Brambles responded by denying the contract covered liquid waste. –  Brambles continued to charge liquid waste fees as set out in mid September 1991, but retained money. Council sued Brambles in relation to retained liquid waste fees.

Issue  Was conduct an indication of acceptance Reasoning Refuse falls into two categories - “commercial and industrial waste” and “domestic garbage and other refuse” - liquid waste is considered as part of this General commercial waste includes liquid waste. As a result, Brambles Holdings are due to pay Bathurst City Council the agreed cut of the fees. Brambles Holdings had in fact accepted the offer by charging the increased fees

Ratio The Conduct of a party can infer acceptance of an offer...