The respondent sued the appellant personally for a contract debt.
At trial, the appellant's counsel consented to judgment against the appellant's numbered company, and the trial proceeded against the appellant personally.
The trial judge found the appellant personally liable because he held himself out as the owner of the business and did not clarify he was contracting through a corporation.
On appeal, the appellant argued the respondent could not obtain judgment against both the agent and the principal.
The Court of Appeal dismissed the appeal, holding that the appellant could not rely on this defence because it was not pleaded and was raised too late, prejudicing the respondent.
