From: Neil Foster <neil.foster@newcastle.edu.au>
To: obligations@uwo.ca
Date: 04/02/2015 11:01:52 UTC
Subject: HCA on "agency" (in passing)
Dear Colleagues;
The High Court of Australia decision in Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2 (4 February 2015) is mainly concerned with some technical issues to do with the operation of the Torrens system for real property title in Australia. But the court in passing, at [32]-[42], does have occasion to discuss the meaning of the word “agent” and whether the factual carrying out of a task by one person which benefits another can always be regarded as creating an “agency” relationship. They conclude, I think correctly, that more is needed.
Regards
Neil

NEIL FOSTER
Associate Professor
Newcastle Law School
Faculty of Business and Law
MC177 McMullin Building

T: +61 2 49217430
E: neil.foster@newcastle.edu.au

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