Rowe v Metroll SA Pty Ltd [2021] NSWCA 196 (06 September 2021) (Bell P at [1]; Leeming JA at [2]; Emmett AJA at [65].)


Catchwords:


AGENCY – ostensible authority – man used company email address and corporate signature – man closely involved with company’s sole director in finalising orders of building materials – whether man had ostensible authority to bind company

CONTRACT – company purchased building materials from South Australian company – sole director guaranteed company’s obligations to supplier – guarantee expressed to be with Queensland company and “each related body corporate that supplies goods or services to the Customer” – South Australian supplier was related to Queensland company and had similar name – whether South Australian company could enforce guarantee