Enterprise Finance Solutions Pty Ltd v Charter One Pty Ltd and Slobodan TRAJKOVICH [2007] NSWLC 5

Enterprise Finance Solutions Pty Ltd v Charter One Pty Ltd and Slobodan TRAJKOVICH [2007] NSWLC 5

Ms Southwell was not an agent of the plaintiff, and no evidence was provided of actual or apparent authority by EFS. As a commercial contract, the defendants are bound by its terms regardless of whether the entirety was read or initialled, and the signed contract is enforceable against them; no misrepresentation attributable to EFS was established.

Jurisdiction
Australia
Judgment Date
05 March 2007
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
['agency' 'misrepresentation' 'contract Formation' 'commercial Contracts' 'guarantee']
['contracts'] ['agency' 'misrepresentation' 'contract Formation' 'commercial Contracts' 'guarantee']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the defendant entered the agreement with plaintiff' "Whether Ms Southwell was the plaintiff's agent" 'Whether the plaintiff was induced by false or misleading representations to enter the contract' 'Whether the defendant signed all relevant parts of the written contract' 'Whether the defendant is bound by the written contract']

Ratio Decidendi

Ms Southwell was not an agent of the plaintiff, and no evidence was provided of actual or apparent authority by EFS. As a commercial contract, the defendants are bound by its terms regardless of whether the entirety was read or initialled, and the signed contract is enforceable against them; no misrepresentation attributable to EFS was established.

Court Disposition

judgment for plaintiff

Orders

  • ['Verdict and judgment against each defendant jointly and severally in the sum of $14,141.13.' "Defendants to pay the plaintiff's costs in a sum agreed or assessed."]