Recent Cases

183 Eastwood Pty Ltd v Dragon Property Development & Investment Pty Ltd [2023] NSWCA 72 (19 April 2023) (Bell CJ, Ward P and Leeming JA)


Catchwords:


EQUITY – Agency – Authority of agent – Ostensible authority – Representation by agent – Estoppel – Estoppel by representation – “Silence” – Where rogue altered the ASIC register and represented himself as sole director and shareholder of a company in his dealings with a third party – Where company directors became aware of the fraudulent alteration and took no steps to amend the ASIC register – 57 days after company directors became aware the rogue entered into a contract with a third party – Whether the company is bound by the rogue’s dealings – Whether the failure to amend the ASIC register establishes estoppel by representation – Whether detriment suffered by third party caused by reliance on the relevant representation