Catchwords:

AGENCY – authority of agent – implied actual authority – reason to infer board’s authorisation for one of its directors to sign on its behalf – Jones v Dunkel inferences drawn where no evidence from board

AGENCY – service requirement under s 55(1)(c) of the Property, Stock and Business Agents Act 2002 (NSW) – circumstances militating in favour of ordering relief under s 55A from disentitlement to commission and expenses

CIVIL PROCEDURE – pleadings – failure to raise issue in pleadings below – unfair to respondent to hold that counsel’s attempt to meet a point on the run was a concession that the point was in issue