Donald & Richard Currie (Pty) Ltd v Growthpoint Properties Ltd

Growthpoint Properties Ltd made a mass offer to holders of Paramount Property Fund Ltd linked units and B debentures to exchange their holdings either for Growthpoint linked units or for cash. Richard Currie, acting for himself and for Donald & Richard Currie (Pty) Ltd, completed and submitted the prescribed acceptance and election forms. Although Currie alleged that he intended to elect Growthpoint linked units, the completed forms clearly indicated an election to receive cash for the Paramount linked units. After receiving cheques for the cash consideration, Currie attempted to reverse the transaction, claiming that the forms were completed in error and that the acceptances were therefore void. He and the company sought declaratory relief and delivery of linked units instead of cash.

The appeal was dismissed with costs, and the judgment of the South Gauteng High Court was upheld.

The case reaffirms South African contract law principles on mistake and reliance, particularly that a party cannot escape a contract by relying on its own unreasonable errors in accepting an offer. It clarifies that where an offer prescribes a specific mode of acceptance, compliance with that mode results in a binding contract, and administrative agents processing acceptances have no general duty to enquire into subjective intention when acceptance is clear.