Question
Daily Pty Co. Ltd (Daily) is a consulting company to public companies and large proprietary companies, and Olivia acts as managing director, though she has
Daily Pty Co. Ltd (Daily) is a consulting company to public companies and large proprietary companies, and Olivia acts as managing director, though she has never actually been formally appointed to that position. Olivia is, however, described in the ASIC return as the managing director. One day, Olivia takes an external telephone call from a retail outlet asking for a Daily company order number for a retail purchase made by Emily. Olivia replied that Emily was the company's Principal Finance officer, and said "she'll see you right", transferring that call to Emily's office. Later it transpired that Emily has purchased a widescreen plasma TV for $9999, and it was delivered to her home. The contract was made by Emily on behalf of Daily.
Emily has acted as Principal Finance officer of Daily for some time but has never actually formally been appointed as such. The Constitution of Daily contains a clause which requires a board resolution for the purchase of goods valued at more than $8000, but no resolution has been passed by the board for the plasma TV. Emily no longer resides at her previous home address, and her spouse says "Good riddance to her and her widescreen TV." The whereabouts of Emily and the plasma widescreen TV are currently unknown.
Discuss whether Daily is liable for the cost of the widescreen plasma TV.
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