Oliveri Legal Pty Ltd v Cassegrain Tea Tree Oil Pty Ltd (No 2)

[2023] NSWSC 1082

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › execution of Agreement
3. › whether a director had authority to bind company to Guarantee and Indemnity Agreement
4. › where Agreement was signed by one of two company director’s contrary to s 127(1) Corporations Act 2001 (Cth)
5. › company not bound by the Agreement
1. Contracts
2. › construction of Agreement
3. › whether the Agreement operates as both an indemnity and guarantee or as just an indemnity
4. › Agreement operates as an indemnity agreement.
1. Contracts
2. › recovery of legal fees under Retainer Agreement
3. › whether recovery is time-barred
4. › time limitation would invalidate Agreement
1. Contracts
2. › public policy
3. › where allowing the recovery of monies under the Retainer would undercut protection provided by the Legal Profession Act 2004 (NSW)