Matthews and Holden v Breakers Beach Club Ltd and Ors - Judgment

Civil Procedure - summary judgment - real prospect of success - court to determine whether defence carries sufficient degree of conviction to justify trial -mere allegations of fraud, dishonesty or wider misconduct insufficient where contemporaneous documents and undisputed facts establish no realistic defence. Company - directors - authority - sole registered director - company bound by loan agreement and guarantee executed by sole director absent pleaded or evidenced restriction on authority - allegations of breach of fiduciary duty or dishonesty by director not, without more, sufficient to negate authority as against lender. Agency - ostensible authority - lender entitled to rely upon authority of sole registered director and shareholder approval- allegation that lender had been informed intermediary no longer acted for corporate borrower insufficient, without more, to place lender on inquiry as to director's authority. Contract- formation- execution in counterparts - differences in execution dates, completion of clerical particulars after signature, and existence of multiple counterparts not preventing formation of binding agreement where essential terms agreed, documents executed and transaction performed.