Marketlend Pty Ltd v Blackburn [2020] NSWDC 358

Marketlend Pty Ltd v Blackburn [2020] NSWDC 358

Marketlend Pty Ltd did not prove on the balance of probabilities that Sarah Louise Blackburn used her DocuSign account to sign the First Agreement on 2 November 2017. The independent evidence was equivocal, Marketlend lacked contemporaneous or independent evidence that Sarah knowingly signed or agreed to the Marketlend documents, Matthew Charles Blackburn's evidence was unreliable and affected by dishonesty in signing later documents on Sarah's behalf, and Sarah's and Shan Creswick's evidence supported the finding that Sarah was not at the Cleveland property at the relevant time. The Court was satisfied on the balance of probabilities that Matthew used Sarah's account to sign the First...

Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Verdict for the second defendant.
Legal Topics
['contract Formation' 'agreement' 'execution of Documents by Electronic Means' 'burden of Proof in Civil Proceedings' 'docu Sign Electronic Signatures' 'personal Guarantee']
['contract' 'evidence'] ['contract Formation' 'agreement' 'execution of Documents by Electronic Means' 'burden of Proof in Civil Proceedings' 'docu Sign Electronic Signatures' 'personal Guarantee']

Case Brief

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Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether Sarah Louise Blackburn used her DocuSign account at about 1.30pm on 2 November 2017 at the Cleveland property to sign the First Agreement.' 'Whether Marketlend Pty Ltd proved on the balance of probabilities that the second defendant signed the First Agreement.' "Whether Matthew Charles Blackburn used Sarah Louise Blackburn's DocuSign account to sign the First Agreement without her knowledge or consent."]

Ratio Decidendi

Marketlend Pty Ltd did not prove on the balance of probabilities that Sarah Louise Blackburn used her DocuSign account to sign the First Agreement on 2 November 2017. The independent evidence was equivocal, Marketlend lacked contemporaneous or independent evidence that Sarah knowingly signed or agreed to the Marketlend documents, Matthew Charles Blackburn's evidence was unreliable and affected by dishonesty in signing later documents on Sarah's behalf, and Sarah's and Shan Creswick's evidence supported the finding that Sarah was not at the Cleveland property at the relevant time. The Court was satisfied on the balance of probabilities that Matthew used Sarah's account to sign the First...

Court Disposition

Verdict for the second defendant.

Orders

  • ['Verdict for the second defendant.' 'The plaintiff is to pay the costs of the second defendant as agreed or assessed, on the ordinary basis.' 'I grant leave to the parties to approach my Associate to relist the matter if an alternate costs order is sought.']