PART A
Answer the following questions on this case:
Peter Smyth v Vincent Thomas [2007] NSWSC 844 (3 August 2007).
The case is available in Assessment on Moodle.

1. In what court was the case heard? 1 mark

2. Name the judge and explain his title at the time this case was heard. 2 marks

3. Name the plaintiff and defendant and their counsel. 4 marks

4. What particular circumstances led Rein AJ to doubt the credibility of the defendant’s version of events? 3 marks

5. The defendant argued there was no binding and enforceable agreement, what were the components of this argument? 4 marks

6. How is agreement reached in a traditional auction? 2 marks

7. What differences did Rein A J outline between a traditional auction and an on-line auction?
5 marks
8. What did Rein A J regard in an eBay auction as the equivalent of the fall of the hammer in a traditional auction; and what is the significance of each? 2 marks

9. Explain the meaning of specific performance and state why was an order for specific performance of the contract was appropriate in this case? 3 marks

10. Why was the final order not made in this hearing? 2 marks

11. Why was the matter heard in the Supreme Court? 2 marks