New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Agency


   

  1. 02/09/2016
    Agency: whether customer authorised third party to withdraw funds from account; ratification; whether customer ratified third party’s withdrawal of funds
     

    National Australia Bank Limited v Dionys as Trustee for the Angel Family Trust  [2016] NSWCA 242
  2. 27/07/2016United Kingdom
    Agency: appellant Australian wine maker employed respondent English company as agent and distributor in the UK; respondent sold wine in the UK both in its own right and on the appellant’s behalf under “Agency and Distribution Agreement”; respondent placed under administration and subsequently into liquidation; at the time administration commenced, outstanding invoices in the UK totalled more than $800,000 AUD; appellant purported to terminate agreement and any authority of the respondent to collect on the invoices; liquidators appointed to respondent alleged invoices formed part of a buyer-seller relationship and not an agent-principal relationship, such that appellant left to prove for simple debt; first instance judge characterised relationship as one of agency and held respondent’s authority in relation to the invoices came to an end upon termination of the agreement; Court of Appeal held that the respondent’s authority in relation to the invoices was irrevocable and survived termination of the agreement; whether agreement of irrevocability sufficient to make authority irrevocable; requirement that agent have a personal interest in the exercise of the authority sufficient to make it irrevocable; respondent’s authority in relation to invoices terminated by termination of agreement.
    Angove’s Pty Ltd v Bailey  [2016] UKSC 47
  3. 18/09/2014
    Agency: principal and agent; ratification; whether ratification where no knowledge of forged direction; appeal and cross-appeal dismissed
    Perpetual Trustees Victoria Ltd v Cox  [2014] NSWCA 328
  4. 05/09/2014
    Agency: joint venture; whether nominee company merely agent for joint venture parties; appeals allowed; appeal and cross-appeals of respondents dismissed
    Nominex Pty Ltd & Anor v Wieland & Ors  [2014] VSCA 199
  5. 01/07/2014
    Agency: power of attorney under Conveyancing Act 1919 (NSW) s163B; actual authority, apparent authority and ratification discussed; appeal dismissed
    Taheri v Vitek  [2014] NSWCA 209
  6. 16/04/2014
    Agency: employee of applicant company refused to hire accommodation to respondent organisation on basis respondent wished to run camp for same sex attracted young people; whether common law principles of agency excluded under Equal Opportunity Act 1995 (Vic); whether employee engaged in discriminatory conduct as company’s agent; whether, if employee acted as agent, employee could still be held personally liable for breach of the Act; Director General, Department of Education and Training v MT [2006] NSWCA 270, North Sydney Council v Roman [2007] NSWCA 27 applied; corporation a ‘person’ within meaning of Act; only way corporation could engage in discriminatory conduct was through actions of individuals; Act did not expressly or impliedly exclude common law principles of agency; employee authorised to refuse applications for accommodation on behalf of company; company directly liable for agent’s contravention of Act; employees in breach could be held personally liable regardless of whether employer also liable as principal; company’s appeal dismissed; employee’s appeal allowed
    Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors  [2014] VSCA 75
  7. 20/01/2014
    Agency: appellant landlord performed building works on premises while leased to respondent; respondent terminated lease; whether respondent’s employee consented to building works; whether employee had ostensible authority to consent on respondent’s behalf; Byrnes v Kendle (2011) 243 CLR 253, Spellson v George (1992) 26 NSWLR 666 applied; employee had knowledge of building works and it would have been reasonable to expect he would communicate any objection to appellant; respondent held out employee as person with authority to manage premises on respondent’s behalf; appellant reasonably relied on respondent’s representation; appeal allowed
    Pourzand v Telstra Corporation Ltd  [2014] WASCA 14
  8. 18/12/2013
    Agency: torrens title; indefeasibility of title; fraud exception; Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 — whether inference of agency should be drawn
    Gerard Cassegrain & Co Pty Limited v Felicity Cassegrain  [2013] NSWCA 453
  9. 20/09/2013
    Agency: principal and agent; power of attorney; power executed by home owner in favour of principal company undertaking renovation work; separate security granted to builder to secure moneys owed for renovations; whether power of attorney irrevocable because provided for purpose of securing repayment of moneys due to builder; whether donee of power owed fiduciary duty to donor
    Despot v Registrar-General of NSW  [2013] NSWCA 313
  10. 06/09/2012
    Agency: Failure by real estate agent to account for funds entrusted to it; claims against Property Services Compensation Fund established under Property, Stock and Business Agents Act 2002; whether claims out of time; meaning of "failure to account"; overcharging for commission constituted a failure to account; pecuniary loss suffered as a result of failure to account where prior misappropriation of funds; compensation to joint owners of funds limited by s 175 to one shared amount of $500,000; whether costs of court proceedings included in amount to which claims limited.
    State of New South Wales v Loh Min Choo  [2012] NSWCA 275