NSW Caselaw
New South Wales Supreme Court
CITATION : Hawksford v Hawksford [2005] NSWSC 463
HEARING DATE(S) : 12 April 2005
JUDGMENT DATE : 16 May 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Solicitor purporting to act for second and third defendants not validly retained. Appearances of second and third defendants struck out.
CATCHWORDS : PRACTICE - parties - striking out a party - challenge to retainer of solicitor purporting to act for defendants - onus of proof of solicitor's lack of authority - EVIDENCE - burden of proof - lack of authority of solicitor to act for a party in proceedings - EVIDENCE - burden of proof - where facts particularly within knowledge of one party - PRECEDENTS - High Court of Australia - binding effect on other courts - decision of single judge of High Court - PRACTICE - parties - striking out a party - on ground that solicitor purporting to act for party not retained - whether actual authority, or ostensible authority, of person purporting to retain the solicitor is relevant - PRINCIPAL AND AGENT - authority of agent - implied actual authority of managing director of corporation - whether managing director has implied actual authority to act in litigation concerning a topic on which the company's internal organs are deadlocked - CORPORATIONS - management and administration - implied actual authority of person appointed to office of managing director - whether managing director has implied actual authority to act for company in litigation concerning which the internal organs of the company are in deadlock - PRINCIPAL AND AGENT - agent of necessity - whether applicable to a deadlocked corporation - CORPORATIONS - management and administration - procedures through which corporation might become represented in litigation concerning which its internal organs are deadlocked - PRACTICE - Supreme Court procedure - relationship between relief sought by an interlocutory process and relief sought by principal proceedings - PRACTICE - appropriate forms of relief when solicitor purporting to act for party to litigation not validly retained
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