C and v Engineering Pty Ltd v Hamilton and Marino Builders Pty Ltd [2020] NSWCA 103 (29 May 2020) (Meagher JA at [1]; White JA at [2]; McCallum JA at [65])


Catchwords:


CONTRACTS — Construction — Interpretation –– whether contract formed pursuant to the appellant’s offer or the respondent’s counter-offer – whether the proper construction of the contract required supply of building materials and services at a price per unit as required or at a fixed sum – where quantity of units required unknown at the time of contracting – where context and businesslike construction militate against fixed sum