Contract Cases for Offer

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Topics: Contract
DYJR7EAdvertisements of Bilateral Contracts Are Not Usually Offers
Case
Coelho Vs The Public Services Commission

1. Brief Facts/ Case Summary
The applicant, Mr Meredith Coelho was a health inspector under the town Board Tanjung Malim and he applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions as advertised in the Malay Mail newspaper dated 1957.

The terms and conditions of the selection are as stated below: * Serving Assistant passport officer and serving junior Assistant passport officers in the immigration department who have had not less than 5 years of service and possesses a school certificate * All serving government officers who have 5 years of service and who possesses a school certificate

Consequently, the applicant was informed that he was accepted and after undergoing a period of training he was posted to the Immigration Office at Kuala Lumpur until December 1958 when he was transferred to the Immigration Office at Johore Bahru.

However, on the 5th November 1959, the Secretary for the Public Services Commission in a letter addressed to the applicant as Assistant Passport Officer on probation informed him that following a report from the Controller of Immigration concerning his conduct in the irregular issuance of certain passports, disciplinary action was being taken against him with a view that he should be dismissed.

The applicant was informed that he was actually not fired from his job but that his probation was terminated and that his probation termination was compensated with a payment of one month’s salary in lieu of notice.

As a consequence of this development, those applicants moved the court for an order of a certiorari to quash the decision of the High Court on the ground of error in the law, want of jurisdiction and failure to observe the principles of natural justice.

The court held that that the resulting applications were offers. The information conveyed to the

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