A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
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| Devren Pty Ltd v Old
Coach Developments Pty Ltd (QSC) - contract - joint venture - no breach of
contractual or fiduciary duties - claim dismissed |
| Summaries With Link (Five Minute Read) |
Devren
Pty Ltd v Old Coach Developments Pty Ltd
[2015] QSC 53
Supreme Court of Queensland
Boddice J
Corporations - plaintiff sought relief
against defendants in respect of transactions entered in consequence of joint
venture agreement - plaintiff claimed it suffered loss due to defendants’
breaches of agreement and breaches of fiduciary duty - multiple causes of
action relied upon - central issue whether person listed as director of plaintiff
had authority to bind plaintiff - whether person convicted of fraud was
director - whether actual or ostensible authority to act on plaintiff’s behalf
- doctrine of lingering apparent
authority - held: plaintiff failed to establish any breach of contractual
duty by defendants - defendants’ actions in accordance with instructions of person
who at all times had ostensible authority to bind plaintiff - no breach of fiduciary duty by defendants -
claim dismissed.
Devren
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