Hays International College Pty Ltd and Joshua Cheng v Quikfund (Australia) Pty Ltd

In the case of Hays International College Pty Ltd and Joshua Cheng v Quikfund (Australia) Pty Ltd, the dispute centred on whether Quikfund, a financier, was liable for the actions of Axsiom, a vendor, in a car sale transaction. The matter was heard in the Supreme Court of Victoria. The plaintiffs, Hays International College and Joshua Cheng, alleged that Quikfund was liable for Axsiom's conduct because it had represented, either expressly or through apparent agency, that Axsiom was its agent. The central legal issue was whether there was sufficient evidence to establish that Quikfund either knew of or acquiesced in Axsiom acting on its behalf, which would constitute apparent agency.

The court examined the evidence presented to determine if Quikfund had sufficient knowledge or acceptance of Axsiom's role as its agent. The plaintiffs argued that Quikfund's conduct led to the belief that Axsiom was acting as its agent. The court noted that while the conclusion to be drawn from evidence is a matter of fact, the presence of evidence is a matter of law. The court found that there was indeed evidence suggesting that Quikfund was aware of or accepted Axsiom's role as its agent. This conclusion was drawn by examining the relationship between the parties and the actions taken by Quikfund that supported this inference.

Ultimately, the court determined that the evidence did not support the claim of apparent agency on the part of Quikfund. The reasoning was based on the specific circumstances of the case and the lack of clear evidence that Quikfund had expressly or implicitly accepted Axsiom as its agent. The court's decision hinged on the interpretation of the evidence and the legal principles surrounding agency and apparent authority. The court found that Quikfund was not liable for the actions of Axsiom, as there was insufficient evidence of the required knowledge or acquiescence.

As a result, the court dismissed the claims made by Hays International College and Joshua Cheng against Quikfund. The final orders were that the plaintiffs' claims were dismissed, and the defendants were not required to pay any damages or costs to the plaintiffs.