13 Jul 2009
BANKFIELD FARM LIMITED V HART AND ORS CA CA343/2008
- Citation
- openlaw-5f6e835c_3b69_4a5c_8d92_141cc641eb64.pdf
- Court
- Court of Appeal
The Court held Mr Belcher had actual authority to negotiate and conclude the settlement on Bankfield's behalf based on express instructions to 'reach settlement' dated 17 July 2007 and beneficiaries' directions; alternatively he had implied authority as counsel to compromise the litigation and consequent ostensible authority as against Harvest Trust; his signed fax constituted a sufficient memorandum under the Contracts Enforcement Act 1956 s2, therefore the settlement was binding and the appeal was dismissed.