Rob Anderson KC appeared for the applicants, instructed by Sparke Helmore.
The case concerned an application brought by the applicants who sought a declaration that the respondents (lessors) were bound by the terms of a signed letter of offer for a renegotiated lease of a commercial premises.
The primary issue was whether the respondent’s agent had authority to bind the lessors to the terms of the letter of offer, whether by signing that document on the Lessors’ behalf or by communicating the Lessors’ acceptance of those terms by signing the document and returning it to the applicants.
Cooper J dismissed the application finding that the agent did not have actual or ostensible authority to bind the Lessors to the offer’s terms by signing that document on their behalf, or by communicating the Lessor’s acceptance of those terms by sending a copy of the offer bearing his unauthorised signature.
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