Wilh. Wilhelmsen Investments Pty Ltd v SSS Holdings Pty Ltd

[2019] NSWCA 32

NSW Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Estoppel by convention
3. › Ostensible authority
4. › Course of dealing
5. › Whether course of business dealings clothed employee with ostensible authority
6. › Whether reliance on representation of authority established
7. › Whether reliance reasonable
1. Agency
2. › Ostensible authority
3. › Representation by conduct
4. › Whether principal clothed agent with authority through course of dealing and conferral of title
5. › Whether agent with only ostensible authority can confer ostensible authority on another
1. Employment Law
2. › Rights and liabilities as between employer and third persons
3. › Vicarious liability
4. › Whether employer vicariously liable in contract for fraudulent conduct of employee
5. › Whether vicarious liability applies where cause of action based in contract
1. Practice and Procedure
2. › Pleadings
3. › Whether court should entertain argument on vicarious liability where not pleaded

Quick Take

Practitioners advising on ostensible authority should note that a course of business dealings conducted by email, combined with the conferral of a title and use of official business communications, may clothe an employee with ostensible authority even where the specific employee processing orders was unaware of any express representation of authority.