Recent Cases

Ye v Chen [2022] NSWCA 219 (31 October 2022) (Macfarlan, Meagher and Mitchelmore JJA)


Catchwords:


CONTRACTS — construction of handwritten document promising refund of deposit paid by respondent to applicant’s company for migration agency services — whether applicant signed document in personal capacity or as company director — presumption of personal liability arising from unqualified signature not rebutted by evidence of contrary intention — consideration provided by respondent in the form of forbearance to sue — conclusion supported by surrounding circumstances including repeated demands on applicant for details of visa application