EVIDENCE - whether the third defendant signed the guarantee
EQUITY - whether the third defendant authorised her husband, the second defendant, to sign the guarantee in the third defendant's name under a general power of attorney - whether the power of attorney enabled the second defendant to execute documents on behalf of the third defendant where those documents confer a benefit on the second defendant and no benefit on the third defendant - whether the guarantee did confer a benefit on the third defendant
EQUITY - whether the third defendant ratified the guarantee by taking no action after learning about its execution in her name and by her claims in a defence and cross claim
EQUITY - whether the third defendant's actions after learning about the guarantee being signed in her name gives rise to estoppel
Case Details
Citation[2013] NSWSC 1764
CourtNSWSC
JurisdictionNew South Wales
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