QLDQCA
Pico Holdings Inc v Wave Vistas Pty Ltd & Anor [2003] QCA 204
[2003] QCA 204
Court of Appeal (Qld)|2003-05-23|Before: McMurdo P, Jerrard JA and Mullins J Separate, reasons for judgment of each member of the Court, each concurring as to the, orders made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-05-23
Before
McMurdo P, Jerrard JA and Mullins J Separate, reasons for judgment of each member of the Court, each concurring as to the, orders made
Catchwords
- CONTRACTS – PARTIES – GENERAL PRINCIPLES –
- where sole director of first respondent company was also director of
- another
- company – where director entered into agreement with the appellant
Source
Original judgment source is linked above.
Catchwords
CONTRACTS – PARTIES – GENERAL PRINCIPLES –where sole director of first respondent company was also director ofanothercompany – where director entered into agreement with the appellantregarding land owned by the first respondent –where director did notcommunicate to the appellant that the first respondent was the owner of theland– where it was openon the evidence before the trial judge to findthat a reasonable person in the position of the appellant would not haveconstruedthe offer made by the director as being made on behalf of the firstrespondent – first respondent not a party to agreementAPPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES –POINTS AND OBJECTIONS NOT TAKEN BELOW – WHEN NOT ALLOWEDTO BE RAISED ONAPPEAL – QUESTIONS NOT RAISED ON PLEADINGS OR IN ARGUMENT –PARTICULAR CASES – QUESTION OF LAW– where appellant attempted torely on the doctrine of undisclosed principal when not raised in the pleadings