Rizk v Link Commercial Mortgages Pty Limited [2023] NSWSC 799

Supreme Court New South Wales

Medium Neutral Citation: Rizk v Link Commercial Mortgages Pty Limited [2023] NSWSC 799 Hearing dates: 05 July 2023 Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The appeal is allowed. (2) The judgment given in favour of Link Commercial Mortgages Pty Ltd on 15 December 2022 in the sum of $27,195.06 is set aside. (3) In lieu of the judgment referred to in Order (2), judgment is given for Danny Rodney Rizk against Link Commercial Mortgages Pty Ltd. (4) Link Commercial Mortgages Pty Ltd is to pay the costs of Danny Rodney Rizk in the Local Court proceedings and in this Court. Catchwords: CONTRACT – construction of engagement letter – whether contract is void – where contract was executed by plaintiff who did not have the capacity to bind the company to the loan agreement – where magistrate determined that the plaintiff, an individual, was party to the contract – where money owed to defendant for services provided of procuring finance for plaintiff Legislation Cited: Local Court Act 2007 (NSW), s 39 Corporations Act 2001 (Cth), 127 Cases Cited: Air Tahiti Nui Pty Ltd v McKenzie [2009] NSWCA 429; 77 NSWLR 299 ASSK Investments Pty Ltd v AMA Group Limited [2020] NSWSC 1756 High Court in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; 256 CLR 104 Wilson v Wilson [1854] 5 HL Cases 40; 10 ER 811 Category: Principal judgment Parties: Danny Rodney Rizk (Plaintiff) Link Commercial Mortgages Pty Limited (Defendant) Representation: JR Young (Plaintiff) SJ Thomson (Defendant) File Number(s): 2023/00013145 Publication restriction: Nil