Osborne v Boral Resources (NSW) Pty Ltd [2012] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Osborne v Boral Resources (NSW) Pty Ltd [2012] NSWCA 155 Hearing dates: 23 May 2012 Decision date: 23 May 2012 Before: Bathurst CJ at [1]; Allsop P at [13]; Macfarlan JA at [16] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - principal and agent - authority of agent - whether sufficient evidence to find agent had authority to incur liability under contract EVIDENCE - admissibility - hearsay - business records - email purportedly sent by company officer - whether proof of officer's authority to order goods on behalf of company Legislation Cited: Corporations Act 2001 s 129(3)(b) Cases Cited: Equiticorp Finance Ltd v Bank of New Zealand (1993) 32 NSWLR 50 Category: Principal judgment Parties: Mark Gregory Osborne (Appellant) Boral Resources (NSW) Pty Ltd (Respondent) Representation: Mr Allen (Appellant) Mr Locke (Respondent) Solicitors: Proctor & Associates (Appellant) Oliveri Lawyers (Respondent) File Number(s): 2009/00335437 Decision under appeal Date of Decision: 2011-05-11 00:00:00 Before: Rolfe DCJ File Number(s): 2009/00335437