In Play MR Pty Ltd v Heard Marketing Pty Ltd  NSWDC 311, Play MR claimed a breach of contract for the late delivery of a website by Heard Marketing. Play MR had added a handwritten notation to the contract which stated: “It must be operational by April 1”. Play MR signed this redrafted contract and emailed it to Heard Marketing with a message highlighting the notation and stating completion date as 1st April.
The Court held that by failing to object and continuing to work and send invoices, Heard Marketing accepted the revised contract which constituted a counter-offer. Also, a reasonable businessperson would have determined that the notation was obviously a term of the contract.