Sapra Enterprises Pty Ltd v Cooper [2021] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: Sapra Enterprises Pty Ltd v Cooper [2021] NSWSC 58 Hearing dates: 13, 14, 29, 30 and 31 July, 13 and 21 August 2020. Final submissions 19 November 2020. Decision date: 09 February 2021 Jurisdiction: Equity Before: Robb J Decision: The plaintiff is entitled to judgment against the first and second defendants for the amounts claimed. See par [189]. Note pars [245] to [249] and the directions stated therein. Catchwords: CONTRACTS –– Remedies –– Debt –– where no defence by guarantor and debtor to claims by creditor under written loan agreements CONTRACTS –– Misleading conduct under statute –– misleading or deceptive conduct –– where evidence does not establish such conduct CONTRACTS –– Unconscionable conduct –– where evidence does not establish such conduct CORPORATIONS — Directors and officers — Directors' duties — where it is alleged that a director has breached his duties — no breaches of duty proved. Legislation Cited: Competition and Consumer Act 2010 (Cth) Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Cases Cited: John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Sapra Enterprises Pty Ltd (plaintiff / second cross-defendant) John Allan Cooper (first defendant / second cross-claimant) Central Home Loans Pty Ltd (second defendant / first cross-claimant) Robert Walter Taylor (third defendant) Atkinson Prakash Charan (first cross-defendant) Representation: Counsel: G Waugh SC / M Rabsch (plaintiffs and cross-defendants) J Cooper (self) (defendants and cross-claimants)