Togher & Anor v Alexander & Ors (No.2) [2019] NSWDC 221

Togher & Anor v Alexander & Ors (No.2) [2019] NSWDC 221

A binding verbal contract was formed in March 2016 between Mr Alexander and the committee members of SOCIA Church and Grace Missions, in which the associations agreed to underwrite a gala and subsequent festival up to $100,000 (via Grace Missions as vehicle), and Mr Alexander was appointed creative and artistic director with implied authority. The defendant committee members were bound by actual and ostensible authority arising from prior conduct and course of dealing. The entities breached the agreement by failing to fully provide the promised underwriting funds. Mr Alexander failed on his claim for professional fees due to uncertainty and lack of evidence but was entitled to damages for...

Parties
Cross Claimant: Mr Trevor Alexander; Cross Defendant and Committee Member (socia Church and Grace Missions): Mr Malcolm McClure; Cross Defendant and Committee Member (socia Church and Grace Missions): Mr Zenaan Harkness; Cross Defendant and Committee Member (socia Church): Mr Timothy McCarthy; Cross Defendant and Committee Member (socia Church): Mr Andrew Moyle; Cross Defendant and Committee Member (socia Church): Ms Bronwyn Hancock; Cross Defendant and Committee Member (socia Church): Mr Andrew King; Cross Defendant and Committee Member (grace Missions): Mr Graeme Peters
Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Cross Claim in Civil Proceedings / Principal Judgment/trial Disposition
Outcome
Judgment for Mr Alexander on his cross-claim in part; order for damages for wasted expenditure and loss of reputation; other components and cross-claims dismissed.
Legal Topics
Capacity of Unincorporated Associations to Contract, Verbal Contracts and Enforceability, Authority and Ostensible Authority of Agents, Issue Estoppel and Res Judicata, Breach of Contract and Recovery of Damages, Damages for Loss of Reputation, Addition of Committee Members as Parties
Contract Law Associations and Clubs Agency Law Estoppel Damages Capacity of Unincorporated Associations to Contract Verbal Contracts and Enforceability Authority and Ostensible Authority of Agents +4 more

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Parties

Mr Trevor Alexander

Cross Claimant

Mr Malcolm McClure

Cross Defendant and Committee Member (socia Church and Grace Missions)

Mr Zenaan Harkness

Cross Defendant and Committee Member (socia Church and Grace Missions)

Mr Timothy McCarthy

Cross Defendant and Committee Member (socia Church)

Mr Andrew Moyle

Cross Defendant and Committee Member (socia Church)

Ms Bronwyn Hancock

Cross Defendant and Committee Member (socia Church)

Mr Andrew King

Cross Defendant and Committee Member (socia Church)

Mr Graeme Peters

Cross Defendant and Committee Member (grace Missions)

Procedural Posture

Cross Claim in Civil Proceedings / Principal Judgment/trial Disposition

Legal Issues

  1. 1 Was a binding verbal contract formed in March 2016 between Mr Alexander and SOCIA Church/Grace Missions?
  2. 2 Did Mr McClure (and/or Mr Harkness) have authority to bind SOCIA Church and Grace Missions to this agreement?
  3. 3 Were the terms of this agreement sufficiently certain and supported by consideration?

Ratio Decidendi

A binding verbal contract was formed in March 2016 between Mr Alexander and the committee members of SOCIA Church and Grace Missions, in which the associations agreed to underwrite a gala and subsequent festival up to $100,000 (via Grace Missions as vehicle), and Mr Alexander was appointed creative and artistic director with implied authority. The defendant committee members were bound by actual and ostensible authority arising from prior conduct and course of dealing. The entities breached the agreement by failing to fully provide the promised underwriting funds. Mr Alexander failed on his claim for professional fees due to uncertainty and lack of evidence but was entitled to damages for...

Court Disposition

Judgment for Mr Alexander on his cross-claim in part; order for damages for wasted expenditure and loss of reputation; other components and cross-claims dismissed.

Orders

  • Production expenses incurred up to $100,000 underwritten by SOCIA Church and Grace Missions, less any payments made ($49,973.03), awarded as $50,026.97.
  • Damages for loss of reputation awarded in sum of $30,000.