Recent Cases

Oliveri Legal Pty Ltd t/as Oliveri Lawyers v Cassegrain Tea Tree Oil Pty Ltd [2024] NSWCA 74 (09 April 2024) (Gleeson and Mitchelmore JJA, Basten AJA)


Catchwords:


CORPORATIONS — directors and officers — ostensible authority — whether company held out managing director as having authority to bind it to indemnity — where nature of indemnity was not outside of the normal course of the company’s activities

CORPORATIONS — directors and officers — actual authority — whether managing director had actual authority to enter guarantee and indemnity — whether managing director was the alter ego of the company

GUARANTEE AND INDEMNITY — contract of guarantee and indemnity — construction — whether agreement was guarantee and indemnity, or only indemnity

ESTOPPEL — estoppel by convention — promissory estoppel — whether parties held mutual assumption, or the company induced solicitors to adopt an assumption, that the company would indemnify solicitors