Where a contract is made with a business operating under a registered business name, the identity of the contracting party is determined by the objective theory of contract, not by the registration of the business name. Registration under the Business Names Act 1962 (NSW) creates only a prima facie presumption that the registered proprietor carries on the business, which is rebuttable by evidence that another entity (such as a company) in fact carries on the business. Objective indications in contractual communications — such as an ACN number, signing by a company employee, or 'pp' initialling — are relevant to identifying the contracting party regardless of whether the other party actually observed them. The question whether post-contractual conduct is admissible to determine the identity of contracting parties (as distinct from contract construction) remains open.
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