Osborne v Boral Resources (NSW) Pty Ltd

Osborne v Boral Resources (NSW) Pty Ltd concerned an appeal to the Court of Appeal of New South Wales regarding the authority of an agent to incur liability under a contract. The appellant, Osborne, sought to establish that an agent had the authority to bind Boral Resources (NSW) Pty Ltd to a contract for the supply of goods.

The central legal issues before the Court of Appeal were whether there was sufficient evidence to establish that the agent possessed the actual or apparent authority to enter into the contract on behalf of Boral Resources, and whether an email purportedly sent by a company officer, which was relied upon as evidence of the agent's authority, was admissible as a business record and proof of the officer's authority to order goods.

The Court of Appeal considered the principles of agency, particularly the distinction between actual and apparent authority. It examined the evidence presented to determine if Boral Resources had, through its conduct or representations, clothed the agent with the appearance of authority to bind the company. The Court also addressed the admissibility of the email, applying the rules of evidence concerning hearsay and business records, and assessing whether it constituted proof of the sender's authority to act for the company in the manner alleged.

The appeal was dismissed, with the Court ordering that Osborne pay the costs of Boral Resources.