McIntosh v Araf Capital Funding Pty Limited

McIntosh (the claimant) appealed to the Supreme Court Master against a Local Court decision concerning a debt settlement agreement. The dispute involved whether a final agreement had been reached between McIntosh, her son, and Araf Capital Funding Pty Limited (the opponent), and whether McIntosh's son had the authority to enter into such an agreement on her behalf. The Master dismissed the appeal, finding no error of law by the Local Court Magistrate on either issue. McIntosh then appealed the Master's decision to the Court of Appeal, specifically challenging the finding regarding her son's authority.

The Court of Appeal was required to determine whether McIntosh's son possessed actual or ostensible authority to enter into the settlement agreement on her behalf. This involved examining the evidence presented to the Master and the Magistrate concerning the scope of the son's powers and the circumstances surrounding the purported agreement.

The Court of Appeal dismissed McIntosh's appeal, upholding the Master's decision. The Court found that McIntosh's son had both actual and ostensible authority to act on her behalf at the relevant times, including the authority conferred by a power of attorney. Consequently, the judgment debt was paid, rendering the opponent with no further interest in the proceedings. Leave to appeal was refused, and the summons for leave was dismissed with costs.