NEWTON HEATH PTY LTD & CONNELL V. 3AW SOUTHERN CROSS RADIO PTY LTD [2000] VSC 103
Supreme Court of Victoria – 30 March 2000
FACTS
Connell, a barrister, and Campbell, a solicitor, conducted a morning show on radio station 3AW. The original contract engaging Connell and Campbell had been between 3AW and a trustee company that directly retained Connell and Campbell. Connell’s own company, Newton Heath, was a shareholder in the trustee company.
During late 1991, difficulties between Connell and other 3AW staff members began to cause concerns for 3AW management.
Therefore the manager of 3AW gave Connell and Campbell separate contracts to sign to replace the original contract.
Campbell signed his contract but Connell had not signed his contract when 3AW decided that they should withdraw the new contract and dismiss Connell. During December 1991, Connell sued for breach of the new contract and alleged that he had orally accepted the new contract or that acceptance could be inferred by his conduct in continuing to present the morning show after receiving the new contract.
ISSUES
Had Connell orally accepted the proposed contract offered by 3AW?
Did the conduct of the parties’ lead to an inference that Connell had accepted the proposed contract?
FINDING
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