NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Winarch Capital Pty Ltd v Pearson & Anor [2024] NSWDC 513 Hearing dates: 28 May 2024 Date of orders: 1 November 2024 Decision date: 01 November 2024 Jurisdiction: Civil Before: Acting Judge Levy SC Decision: See paragraph [90] for orders Catchwords: MERCANTILE LAW - contract – loan agreement and related guarantee - borrower in breach of repayment terms due under a loan agreement – related claim by lender under a guarantee of the loan – verdict and judgment against both defendants for the amount claimed Legislation Cited: UCPR r 42.1 Category: Principal judgment Parties: Winarch Capital Pty Ltd (Plaintiff) David William Pearson (First Defendant) Dach Trading Pty Limited (Second Defendant) Representation: Counsel: Mr J Pokoney (Plaintiff) Mr A Gallimore (Defendants)
Solicitors: Fletcher Pidcock Lawyers (Plaintiff) NJN Lawyers (Defendants) File Number(s): 2023/00033523 Publication restriction: None
Judgment
Table of Contents Introduction [1] – [3] Parties and relevant persons [4] – [7] Evidence overview [8] – [9] Issue [10] Factual background [11] – [41] Claim by Winarch [42] Defences by Mr Pearson and Dach [43] – [49] Evidence Review [50] – [71] - Mr Lambess' evidence [51] – [56] - Mr Pearson's' evidence [57] – [71] Consideration and determination [72] – [87] Disposition [88] Costs [89] Orders [90]
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