Recent Cases

City Garden Australia Pty Ltd (in liq) v Meng Dai [2024] NSWCA 238 (30 September 2024) (Kirk and Stern JJA, Basten AJA)


Catchwords:


CORPORATIONS – authority of company officers – statutory assumptions – Corporations Act 2001 (Cth), ss 128, 129 – loan agreements between property developer and multiple lenders – agreements signed by director without authority of company – agreements also signed by secretary not validly appointed by company – notification of appointment of secretary by ASIC agent of company – reliance on assumptions of authority – exception where party knew or suspected statutory assumptions were incorrect – whether knowledge of lenders’ solicitor was imputed to them for purpose of Corporations Act, s 128(4)