Case Reports

Atco Controls Pty Ltd (in liq) v Newtronics Pty Ltd (recs & mgrs apptd) (in liq) [2009] VSCA 238

In Atco Controls Pty Ltd (in liq) v Newtronics Pty Ltd (recs & mgrs apptd) (in liq) VSCA 238 (21 October 2009), the Victorian Court of Appeal considered whether a letter of support from a parent company was legally binding in the particular circumstances. The Court reviewed the basis upon which a legally binding agreement might be inferred, including the factual circumstances, intention to create a legal relationship, and consideration. Ultimately, the Court concluded that no legally binding agreement had been created in this instance.