NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Williams Group Australia Pty Ltd v Crocker [2015] NSWSC 1907 Hearing dates: 23, 24, 25 February 2015; written submissions closed 16 March 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings dismissed; plaintiff to pay third defendant's costs. Catchwords: CONTRACT – guarantee – electronic signature – whether placed on document by alleged guarantor – whether estopped from concluding otherwise – ostensible authority – whether agreement ratified by guarantor. Cases Cited: Greenwood v Martins Bank [1932] 1 KB 371 Heperu Pty Ltd v Morgan Brooks Pty Ltd [2007] NSWSC 1438 Pacific Carriers Limited v BNP Paribas (2004) 218 CLR 451 Petersen v Maloney (1951) 84 CLR 91 Pole v Leask (1863) 8 LT 645 Rowe v B & R Nominees Pty Ltd [1964] VR Suncorp v Milano [1993] 2 Lloyd's Rep 225 477 Category: Principal judgment Parties: Williams Group Australia Pty Ltd (Plaintiff) IDH Modular Pty Ltd (in liq) (First Defendant) Calem Brooks (Second Defendant) Lee Crocker (Third Defendant) Mark Walsh (Fourth Defendant) Representation: Counsel: D D Knoll AM (Plaintiff) V F Kerr (Third Defendant)
Solicitors: Results Legal (Plaintiff) Broadley Rees Hogan Solicitors (Third Defendant) File Number(s): 2013/212263 Publication restriction: None
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