Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kantfield Pty Ltd v Johnson [2016] FCA 1588 File number: VID 101 of 2015
Judge: BEACH J
Date of judgment: 23 December 2016
Catchwords: CONTRACTS – supply of plastic resins to manufacturer of plastic products – whether directors of manufacturer liable under guarantee and indemnity – whether subsequent guarantee and indemnity replaced earlier guarantee and indemnity – imprest arrangement – whether imprest debt owed under the guarantee and indemnity
Dates of hearing: 20, 21 December 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 95
Counsel for the Applicant: Mr B Ryde
Solicitors for the Applicant: MST Lawyers
Counsel for the First Respondent: The first respondent appeared in person
Counsel for the Second Respondent: The second respondent appeared in person
ORDERS VID 101 of 2015
BETWEEN: KANTFIELD PTY LTD Applicant
AND: NORMAN JOHNSON First Respondent
PETER WAKELAM Second Respondent
JUDGE: BEACH J DATE OF ORDER: 23 DECEMBER 2016
OTHER MATTERS: The applicant is to file and serve within 21 days of this order an affidavit verifying the amount of costs incurred up to 17 June 2016. THE COURT ORDERS THAT: 1. There be judgment against the first respondent in the sum of $252,303 together with statutory interest to the date hereof in the sum of $40,828.16. 2. The first respondent pay the applicant's costs of and incidental to this proceeding including reserved costs, to be taxed in default of agreement, with such costs to be paid on an indemnity basis after 11am on 21 June 2016. 3. There be judgment against the second respondent in the sum of $106,321 together with statutory interest to the date hereof in the sum of $17,200. 4. The second respondent pay 50% of the applicant's costs of and incidental to this proceeding including reserved costs, to be taxed in default of agreement, with such costs to be paid on an indemnity basis after 11am on 21 June 2016. 5. There be a stay of orders 1 to 4 for a period of 45 days from the date hereof. 6. Liberty to apply.
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