Susan Triglone v Jean Boyce Greenslade [2008] NSWDC 218

New South Wales District Court

CITATION: Susan Triglone v Jean Boyce Greenslade [2008] NSWDC 218

HEARING DATE(S): 10/9/08 EX TEMPORE JUDGMENT DATE : 10 September 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: Judgment for the plaintiff against the defendant in the amount of $61,484.21.

CATCHWORDS: Satisfaction of Common Obligation by one of two joint debtors - Claim for Contribution against Co-debtor - Defence of Res Judicata - Defence of issue estoppel - Consideration of Anshun estoppel and defence alleging abuse of process by plaintiff

Muschinski v Dodds (1984-85) 160 CLR 583 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 CASES CITED: Blair v Curran (1939) 62 CLR 464 at 532 Rippon v Chilcotin Pty Limited & Ors (2001) 53 NSWLR 198 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 at 414

PARTIES: Susan Triglone (Plaintiff) Jean Boyce Greenslade (Defendant)

FILE NUMBER(S): 1879/07

COUNSEL: D Ash (Plaintiff) N O'Brart (Defendant)

JUDGMENT

1 The plaintiff in these proceedings, Susan Margaret Triglone, brings a claim against the defendant arising out of the fact that, in July 1999, the plaintiff and the defendant entered into an agreement with the National Australia Bank Limited, which I shall refer to as 'the Bank,' for the Bank to lend money to both of them. The Bank documentation is annexed to the plaintiff's affidavit which is exhibit A in these proceedings. It is clear on the face of the Bank documentation that one of the facilities through which the Bank would lend money to the parties was by way of an overdraft styled "Susan Margaret Triglone and Jean Boyce Greenslade trading as Jeanelle's Shoe Imports".