28 Feb 2014
No arguable agency was established between MSM and Kohinoor or Mr Panjwani (no holding out by MSM and no supporting facts for implied actual authority); therefore alleged misrepresentations could not be attributed to MSM, equitable set-off defence failed, summary judgment for MSM was appropriate, and interim injunction was refused.
17 Dec 2010
The court held that the solicitors' negotiated variations and the parties' conduct produced a binding variation to the lease including the limited guarantee; the vendor's solicitor had authority (actual and apparent) to bind the Hieber interests; the guarantor's attorney signature was inherently probable and absence from vendor's file did not create an arguable defence; formalities under s180 did not negate enforceability of the rent/guarantee; a DOCA or share transfer that did not comply with the lease's consent/assignment provisions did not extinguish the guarantor's liability; mistake defe…