Australian company law

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.  

(2000 words)