Osborne v Boral Resources (NSW) Pty Ltd [2012] NSWCA 155

Osborne v Boral Resources (NSW) Pty Ltd [2012] NSWCA 155

The evidence established concrete was ordered and delivered for DIAG, and Mr James, acting as General Manager, Finance & Operations, had at least apparent authority to place those orders, activating the statutory assumption in s 129(3)(b) of the Corporations Act 2001. Thus, DIAG (and its guarantor, the appellant) was liable for the debts incurred.

Jurisdiction
Australia
Judgment Date
23 May 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['authority of Agent' 'business Records Admissibility' 'apparent Authority' 'personal Guarantees']
['contract' 'evidence' 'corporations Law'] ['authority of Agent' 'business Records Admissibility' 'apparent Authority' 'personal Guarantees']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether there was sufficient evidence to find an agent had authority to incur liability under contract' 'Admissibility and effect of business records as hearsay evidence' 'Application of principles of apparent or implied authority under s 129(3)(b) Corporations Act 2001']

Ratio Decidendi

The evidence established concrete was ordered and delivered for DIAG, and Mr James, acting as General Manager, Finance & Operations, had at least apparent authority to place those orders, activating the statutory assumption in s 129(3)(b) of the Corporations Act 2001. Thus, DIAG (and its guarantor, the appellant) was liable for the debts incurred.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondent's costs."]