Dragon Property Development & Investment Pty Ltd v 183 Eastwood Pty Ltd [2022] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: Dragon Property Development & Investment Pty Ltd v 183 Eastwood Pty Ltd [2022] NSWSC 910 Hearing dates: 4, 5 July 2022 Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Equity Before: Peden J Decision: (1) The defendant is to pay the plaintiff the sum of $1,672,000. (2) The defendant is to pay the plaintiff's costs as agreed or assessed. (3) Grant leave to any party to approach my Associate by email within 7 days of the date of this judgment, should an alternative costs order be sought. (a) That email must provide any evidence relied on together with submissions of no more than 3 pages and be copied to the other party. (b) That other party has leave to provide in response any evidence and submissions of no more than 3 pages within 7 days after receipt of the original material contemplated in order 3(a). (c) The party that made the application has leave to provide reply submissions of no more than 1 page within 2 days after receipt of the response contemplated in order 3(b). Catchwords: EQUITY — Authority of agent — Ostensible authority — Estoppel — Agent altered company's ASIC record and represented himself as the sole director in dealings with a third party — Company directors aware of the alteration for 57 days before agent entered into contract with third party — 116 days before correcting ASIC record — Whether company is bound by the unauthorised agent's dealings — No point of general principle Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Cases Cited: Australian Capital Television Pty Ltd v Minister for Transport (1989) 86 ALR 119 Brick and Pipe Industries Ltd v Occidental Life Nominees Pty Ltd (1992) 2 VR 279 Caratti v Mammoth Investments [2016] WASCA 84; (2016) 50 WAR 84 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising and Addressing Co Pty Ltd (1975) 133 CLR 72 Davison v Vickery's Motors Ltd (in liq) (1925) 37 CLR 1 Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 Haines Bros Earthmoving Pty Ltd v Rosecell Pty Ltd (2016) 92 NSWLR 47 Learn and Play (Rhodes No 1) Pty Limited as Trustee for Rhodes 1 Childcare Centre Unit Trust v David John Frank Lombe [2011] NSWSC 1506 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Permanent Trustee Co Ltd v Bernera Holdings Pty Ltd [2004] NSWSC 56 Pollard v Wilson [2010] NSWCA 68 Soyfer v Earlmaze [2000] NSWSC 1068 Taylor v Smith (1926) 38 CLR 48 Winau Aust Pty Ltd v LCC Property Development Pty Ltd [2020] NSWSC 434 Winau Aust Pty Ltd v LCC Property Development Pty Ltd [2021] NSWCA 9 Wood v Inglis [2008] NSWSC 1147 Category: Principal judgment Parties: Dragon Property & Investment Pty Ltd (Plaintiff) 183 Eastwood Pty Ltd (Defendant) Representation: Counsel: W Chan and A Flick (Plaintiff) F Lim, Solicitor (Defendant)