Govindasamy v Marketlend Pty Ltd [2023] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Govindasamy v Marketlend Pty Ltd [2023] NSWCA 90 Hearing dates: 5 May 2023 Decision date: 12 May 2023 Before: Adamson JA at [1]; Simpson AJA at [46]; Basten AJA at [47] Decision: (1) Dismiss the appeal. (2) Subject to order (3), order the appellant to pay the respondent's costs of the appeal. (3) If either party seeks to vary order (2), direct that the party send by email a notice of motion, together with any evidence and submissions in support, within 14 days to the Associate of the Presiding Judge, following which directions for responses will be made. Catchwords: CONTRACT — deed of settlement — agreement to pay amount due under loan agreements — personal guarantee by appellant liable for debts owing by business to respondent — whether deed legally enforceable — allegation of unconscionable conduct by respondent PROCEDURE — procedural fairness — failure to comply with directions as to service of affidavits — leave to adduce evidence from further witness refused — possible prejudice to respondent — evidence irrelevant to enforceability of deed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12 Category: Principal judgment Parties: Senthil Govindasamy (Appellant) Marketlend Pty Ltd (Respondent) Representation: Counsel: Appellant (Self-represented) J Willis (Respondent)