8 Jun 2012
Leave to adduce Mr Butterfield's affidavit was refused because the evidence was not fresh, the circumstances were not exceptional or compelling, Mr Butterfield was an obvious witness who could have been called at trial, and the affidavit is not sufficiently cogent or credible to overturn the trial judge's finding on authority.
18 Dec 2009
The substitution of the lessee from ART Apartments to Bianco Accommodation did not amount to repudiation nor a substantial breach entitling cancellation because the contract contemplated successors/assigns and the identity of the lessee was not essential; there was no evidential foundation that Blue Chip was Turn and Wave's agent and any alleged misrepresentations by Mr Meadows were outside the scope of the sales agents' authority, so Turn and Wave is not liable for them; accordingly Turn and Wave is entitled to summary judgment on liability and the defendants' summary judgment claim fails, w…
9 Dec 2009
Monrad and, through it, Blue Chip sales agents were agents of TWL solely for the limited task of marketing and selling Bianco apartments; representations about Blue Chip or its investment products were made outside that limited scope and so do not bind TWL; Fair Trading Act and Securities Act claims fail for lack of relevant agency and because statutory exemptions apply; agreements for sale and purchase were not tainted by Blue Chip's illegality and plaintiffs have not validly cancelled their contracts, so plaintiffs' claims are dismissed.
25 Nov 2009
BFB and particular Blue Chip sales agents had an implied actual authority to sell Icon's apartments but that authority was limited to marketing and selling the apartments; representations concerning Blue Chip products, PIP and PAC were made on behalf of BFB/Blue Chip and fell outside the scope of the agency Icon authorised, so Icon was not liable for those representations; the PIP and PAC arrangements were not, on the case presented, captured by the Securities Act 1978 or were exempt under s5(1)(b); tainting and insolvency arguments failed; accordingly investors were not entitled to cancel an…