Flexirent Capital Pty Ltd v Mills [2020] NSWDC 259

District Court New South Wales

Medium Neutral Citation: Flexirent Capital Pty Ltd v Mills [2020] NSWDC 259 Hearing dates: 12, 13, 14 and 19 February 2020 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Proceedings dismissed. (2) Plaintiff to pay the defendant's costs. (3) Note that for some period of the proceedings, the defendant was self-represented and the defendant during that period is not entitled to any time-based costs. Catchwords: GUARANTEE AND INDEMNITY — contract of guarantee — construction – whether guarantee extends to later signed contracts – whether guarantee extends to later unsigned contracts Cases Cited: Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549 Rava v Logan Wines & Anor [2007] NSWCA 62 Zhang v BM Sydney Building Materials Pty Ltd [2016] NSWCA 166 Category: Principal judgment Parties: Flexirent Capital Pty Ltd (plaintiff) Nicola Fay Mills (defendant) Representation: Counsel: Ms S Jeliba (plaintiff)

Solicitors: Bridges Lawyers (plaintiff) File Number(s): 2017/145634 Publication restriction: None

Judgment

A. Introduction 1. Flexirent Capital Pty Ltd sues Nicola Mills on a guarantee for the debts of Wasabi Property Holdings Pty Ltd. Ms Mills, appearing self‑represented, admits that Wasabi has debts to Flexirent, and admits she signed the guarantee, but asserts that the guarantee does not extend to the debts the subject of the claim.