Ye v Chen

[2022] NSWCA 219

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Construction
3. › Handwritten document
4. › Whether signatory contracted personally or as agent
5. › Presumption of personal liability from unqualified signature
6. › Whether presumption rebutted by surrounding circumstances
1. Agency
2. › Personal liability of agent
3. › Signature without qualification
4. › Prima facie presumption of personal liability
5. › Whether contrary intention established from extrinsic circumstances
1. Contract
2. › Consideration
3. › Forbearance to sue
4. › Whether forbearance at express or implied request of promisor constitutes consideration for guarantee
1. Contract
2. › Construction
3. › Admissibility of surrounding circumstances
4. › Prior negotiations
5. › Whether prior negotiations reflective of actual intentions admissible
6. › Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337

Quick Take

An unqualified signature on a document, without reference to a principal company, gives rise to a strong presumption of personal liability that is not rebutted merely by the existence of a prior agreement between the principal and the creditor.