Hume Plasterboard Pty Ltd v Yi Hao Pty Ltd [2022] NSWSC 183

Supreme Court New South Wales

Medium Neutral Citation: Hume Plasterboard Pty Ltd v Yi Hao Pty Ltd [2022] NSWSC 183 Hearing dates: 28 February 2022 Date of orders: 1 March 2022 Decision date: 01 March 2022 Jurisdiction: Equity Before: Slattery J Decision: Judgment entered against the second defendant for $219,213.14 plus interest of $17,741.67. Second Defendant ordered to pay the Plaintiff's costs of the proceedings. Catchwords: GUARANTEE – enforcement of guarantee – plaintiff supplies goods to the first defendant – the second defendant guarantees the first defendant's financial obligations to the plaintiff – first defendant defaults on financial obligations to the plaintiff – first defendant goes into liquidation – whether the second defendant is liable as surety – quantification of the second defendant's liability as surety. CIVIL PROCEDURE – undefended hearing – plaintiff brings proceedings against the second defendant and other defendants in April 2020 – the first and second defendants filed a Defence to the Statement of Claim filed by a solicitor but the second defendant's retainer of legal representation was thereafter terminated – where second defendant has not taken an active part in the proceedings after the termination of legal representation – whether adequate notice of hearing given to the second defendant – whether necessary to consider the second defendant's pleaded defences. Legislation Cited: Civil Procedure Act 2005, s 100 Category: Principal judgment Parties: Plaintiff: Hume Plasterboard Pty Ltd ABN 70 101 562 270 First Defendant: Yi Hao Pty Ltd ABN 84 636 111 325 Second Defendant: Jinbiao Xu Third Defendant: Chujun Su Fourth Defendant: Binbin Xu Representation: Counsel: Plaintiff: Ms S. Hill