Senworth Capital Pty Ltd as trustee for the Car Loan Security Trust v W & W Investment Group Pty Ltd [2023] NSWSC 989

Supreme Court New South Wales

Medium Neutral Citation: Senworth Capital Pty Ltd as trustee for the Car Loan Security Trust v W & W Investment Group Pty Ltd [2023] NSWSC 989 Hearing dates: 16 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) The notice of motion of 21 July 2023 is dismissed. (2) The second defendant/applicant is to pay the plaintiff/respondent's costs of the motion. Catchwords: CIVIL PROCEDURE — application to set aside default judgment — loan made to corporate entity for the purpose of prestige car and other businesses — personal guarantee from company director and his wife — unsatisfactory explanation for delay in responding to default judgment — wife claimed the lender's entry into her personal guarantee was unconscionable — she claimed to be at a special vulnerability vis a vis her husband and that the lender knew this — she claimed to be completely subservient to her husband — evidence at its highest fell short of proving a special vulnerability — claim in the alternative of an unjust contract based on the same underlying facts — no case established to set aside default judgment Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Garcia v National Australia Bank Ltd (1998) 194 CLR 395; [1998] HCA 48 Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392; [2013] HCA 25 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71; (2013) 16 BPR 31,705 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Yerkey v Jones (1939) 63 CLR 649; [1939] HCA 3 Category: Procedural rulings Parties: Anna Wakim (Second Defendant/Applicant) Senworth Capital Pty Ltd as trustee for the Car Loan Security Trust (Plaintiff/Respondent) Representation: Counsel: YLR Chen (Second Defendant/Applicant) BWJ Kidston (Plaintiff/Respondent)