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3DM (3DMA) pte Ltd v 3DM 3DM Worldwide plc
[2006] EWHC 2427 (Comm), [2006] All ER (D) 57 (Oct)
Court: Comml Ct
Judgment Date: 05/10/2006
CONTRACT - OFFER AND ACCEPTANCE - OFFER - WHETHER NEGOTIATIONS AMOUNTING TO CONCLUDED CONTRACT
The claimant was a Singapore company incorporated in July 2002 with, initially, two issued shares. The defendant was a public company. It claimed the intellectual property rights to plastics technology known as plastics impression moulding (PIM). It had a subsidiary based in Michigan which held some of the rights to the PIM process. The claimant signed two licence agreements with that subsidiary in 2004, and later brought litigation in America arising out of them. The dispute with which the instant case was concerned involved the two shareholders of the claimant, H and B. The claimant contended that it entered into a consultancy agreement with the defendant in December 2004, whereby it was to provide corporate finance advice and project management assistance.
The dispute turned on whether or not arrangements agreed between H and another director of the claimant in December 2004 amounted to an immediately binding contract or only to a set of terms to take binding effect if and when approved by the defendant.
Held - On the facts, the claimant had failed to establish that in December 2004 it had entered into a legally binding contract with the defendant. The witness evidence was in favour of the defendant's version of events.
