Goldmate Group Pty Ltd v Ethnic Communications Pty Ltd [2022] NSWSC 69

Supreme Court New South Wales

Medium Neutral Citation: Goldmate Group Pty Ltd v Ethnic Communications Pty Ltd [2022] NSWSC 69 Hearing dates: 25 November 2021 Date of orders: 7 February 2022 Decision date: 07 February 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) The appeal is dismissed (2) The summons filed 11 March 2021 is dismissed (3) The plaintiff is to pay the defendant's costs on an ordinary basis including the costs of defendant's notice of motion filed 26 March 2021 seeking to dismiss the summons as being incompetent. Catchwords: APPEALS – Appeal as of right – Appeal seeking leave – Questions of mixed law and fact – Procedural requirements for appeal seeking leave – Objections to competency of appeal CONTRACTS – Authority to contract on behalf of business – Actual, implied and ostensible authority – Representation to authority required to be made by person who has actual authority Legislation Cited: Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation [2020] NSWCA 144 Local Court Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW), rr 50.12, 50.16A Cases Cited: Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd (1975) 133 CLR 72; (1975) 7 ALR 527 Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] QB 480 R L & D Investments Pty Ltd v Bisby & Anor [2002] NSWSC 1082 Category: Procedural rulings Parties: Goldmate Group Pty Ltd (Plaintiff) Ethnic Communications Pty Ltd (Defendant) Representation: Counsel: Mr M. J Davis (Plaintiff) Mr J. Mack (Defendant)