You have recently commenced a position as a graduate in a corporate advisory role. Your
division provides advice on corporate governance issues for many corporate clients,
comprising companies listed on the ASX, non-listed public companies, and large and small
proprietary companies. Your immediate superior has asked you to prepare a written
analysis of a recent company law case to circulate to a number of those clients in
accordance with the instructions below. Your organisation regularly provides case updates
to its clients as a marketing and information tool.
Your Instructions:
Please read a decision of the Court of Appeal of New South Wales: Left Bank Investments
Pty Ltd v Ngunya Aboriginal Corporation [2020] NSWCA 114 (13 July 2020) (“Left Bank v
Ngunya”) and prepare a case analysis which answers the questions below, supported by
appropriate reasons and critical analysis. The case can be accessed via the following link:
http://www.austlii.edu.au/cgi-
bin/viewdoc/au/cases/nsw/NSWCA/2020/144.html?context=1;query=%22left%20bank%20i
nvestments%22;mask_path=
You may also find it useful to access the decision at first instance, which is the subject of the
appeal: Left Bank Investments Pty Ltd v Ngunya Aboriginal Corporation [2019] NSWSC
1352 (9 October 2019), which is available via the following link:
http://www.austlii.edu.au/cgi-
bin/viewdoc/au/cases/nsw/NSWSC/2019/1352.html?context=1;query=%22left%20bank%20
investments%22%20;mask_path=
1. Briefly describe the essential facts and procedural history of this case. [5 marks]
2. What were the main arguments advanced by Left Bank to support its submission
that Ms Marlowe had authority to bind Ngunya to a new lease? [5 marks]
3. What were the main arguments advanced by Ngunya to support its submission that
Ms Marlowe did not have authority to bind it to a new lease? [5 marks]
4. What were the ultimate findings and outcome in this case? [5 marks]
5. Do you agree with the determinations of the Court on the issues arising in this case?
What must your clients be aware of as a result of this decision? [5 marks]
An additional 5 marks are available for the quality of your written communication,
referencing and bibliography.
The post You have recently commenced a position as a graduate in a corporate advisory role. Your division provides advice on corporate governance issues for many corporate clients, comprising companies listed on the ASX, non-listed public companies, and large and small proprietary companies. Your immediate superior has asked you to prepare a written analysis of a recent company law case t appeared first on My Academic Papers.
