NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sydney Water Corporation v Paul Makucha [2011] NSWSC 1411 Hearing dates: 7, 8, 9, 10, 11, 14, 16, 17, 18 March8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26 August 2011 Decision date: 13 December 2011 Jurisdiction: Equity Division Before: Sackar J Decision: Paragraphs 278 and 279 Catchwords: Actual authority to enter agreement - ostensible authority to enter agreement - representation of principal corporation of giving agent authority to enter agreement - belief of third party as to authority given by principal to corporation of giving agent authority to enter agreement - belief of third party as to authority given by principal to agent - actual authority to issue invoices - ostensible authority to issue invoices - breach of fiduciary duty - third party in knowing receipt of trust property - Barnes v Addy constructive trust - infringement of copyright in literary and artistic works Legislation Cited: Sydney Water Act 1994 (NSW) State Owned Corporations Act 1989 (NSW) Trade Marks Act 1995 (Cth) Copyright Act 1968 (Cth) Cases Cited: Sydney Water Corporation v Makucha [2010] NSWSC 114 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 Barnes v Addy (1874) LR 9 Ch App 244 Lysaght Bros & Co Ltd v Falk (1905) 2 CLR 421 White v Illawarra Mutual Building Society Limited [2002] NSWCA 164 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Greater Pacific Investments Pty Ltd (in liq) v Australian National Industries Ltd (1996) 39 NSWLR 143 Shell Co of Australia Ltd v Rohm and Haas Co (1949) 78 CLR 601 Coogi Australia Pty Ltd v Hysport International Pty Ltd (1998) 86 FCR 154 Aussie Home Loans v Phillips (1998) 40 IPR 392 Category: Principal judgment Parties: Sydney Water Corporation Paul Makucha & Ors Representation: J Stevenson SC, A Bouris Paul Makucha - Litigant in Person Mallesons Stephen Jaques Paul Makucha - Litigant in Person File Number(s): 2010/25631
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