Hume Plasterboard Pty Ltd v Best Interiors Aust Pty Ltd & Ors [2021] NSWDC 484

District Court New South Wales

Medium Neutral Citation: Hume Plasterboard Pty Ltd v Best Interiors Aust Pty Ltd & Ors [2021] NSWDC 484 Hearing dates: 2, 3, 6, 7 September 2021 Date of orders: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 165 Catchwords: EQUITY – husband and wife – credit facility in favour of company managed and controlled by the husband – credit facility secured by guarantee by the wife – whether guarantee enforceable against wife – whether wife understood the purport and effect of the transaction – whether wife in the position of being a volunteer – whether creditor took steps to have transaction explained Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB Competition and Consumer Act 2010 (Cth) Sch 2 – Australian Consumer Law ss 20, 21 Contracts Review Act 1980 (NSW) Part 2 Evidence Act 1995 (NSW) ss 97, 128 Cases Cited: Ankar v National Westminster Finance (Aust) Pty Ltd (1987) 162 CLR 549 CFMEU v Personnel Contracting Pty Ltd [2021] HCATrans 138 Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 Hume Plasterboard Pty Ltd v Brilliant Interiors Pty Ltd [2019] NSWSC 679 National Australia Bank v Garcia (1996) 39 NSWLR 577 R v AN (2000) 117 A Crim R 176; [2000] NSWCCA 372 Radin v CBA [1998] FCA 1361 State Bank of NSW v Chia (2000) 50 NSWLR 587 Warburton v Whitely (1989) 5 BPR 11,628; (1989) NSW Conv R 55-453 Yerkey v Jones (1939) 63 CLR 649 Texts Cited: Seddon & Bigwood, Cheshire & Fifoot Law of Contract (11th Australian ed, 2017) Category: Principal judgment Parties: Hume Plasterboard Pty Ltd (plaintiff) Best Interiors Aust Pty Ltd (first defendant) Mr M Li (second defendant) Ms Y M Chu (third defendant) Representation: Counsel: Mr R Quickenden for the plaintiff No appearance by first defendant Mr M Li appeared in person Mr J Lee for the third defendant