B. & G. Properties Pty Limited v Fayad [2021] NSWSC 1382

Supreme Court New South Wales

Medium Neutral Citation: B. & G. Properties Pty Limited v Fayad [2021] NSWSC 1382 Hearing dates: 25 & 26 October 2021 Decision date: 01 November 2021 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Within 14 days of the date of this judgment the parties bring in short minutes of order to give effect to these reasons for judgment; (2) If the parties cannot agree on short minutes of order, or on the question of costs, then within a further seven days each party provide to my Associate the short minutes of orders for which that party contends and submissions not exceeding three pages in support of those short minutes of order; (3) The form of the orders to be made be determined on the papers unless the Court requests a further oral hearing. Catchwords: CONTRACTS — Construction of default fees and charges clause — Whether clause is unenforceable as a penalty GUARANTEE AND INDEMNITY — Contract of guarantee — deeds — whether guarantor is liable under Deed of Agreement to indemnify the plaintiff for borrower's failure to repay loan sum and interest Cases Cited: Arab Bank Australia Ltd v Sayde Developments Pty Ltd (2016) 93 NSWLR 231 Australia Capital Financial Management Pty Ltd v Linfield Developments Pty Ltd; Guan v Linfield Developments Pty Ltd [2017] NSWCA 99 Central Coast Council v Norcross Pictorial Calendars Pty Ltd [2021] NSWCA 75 Chapmans Ltd v Australian Stock Exchange Ltd (1996) 67 FCR 402 Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525 Watson v Phipps (1985) 60 ALJR 1 Category: Principal judgment Parties: B. & G. Properties Pty Limited (Plaintiff) Sam Fayad (Defendant) Representation: Counsel: