Cheah v HPL Developments Pty Limited & Ors [2010] NSWDC 221

New South Wales District Court

CITATION: Cheah v HPL Developments Pty Limited & Ors [2010] NSWDC 221

HEARING DATE(S): 31 May 2010

JUDGMENT DATE: 6 October 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict and judgment for the plaintiff in the sum of $460,000 against the first, second and third defendants jointly and severally. DECISION: 2) The proceedings are adjourned to a date to be fixed to deal with issues of costs and interest. 3) My reasons are published.

CATCHWORDS: CONTRACT - Construction of terms - Whether funds provided to defendants by way of loan or investment - Obligations for repayment - Whether agreement or venture terminated - Claimed discharge of second and third defendants as guarantors - Consequence to third defendant of not reading agreement and its guarantee provisons prior to signing it

CASES CITED: Toll (FGT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165

Shaun Yin Thuan Cheah (Plaintiff) HPL Developments Pty Limited (First Defendant) PARTIES: Peter James Hubbard (Second Defendant) Warwick James Lindsay (Third Defendant) Secure Mortgage And Leasing Pty Ltd (Forth Defendant)

FILE NUMBER(S): 2008/00314619

COUNSEL: Mr M Graham (Acting for the Plaintiff) Mr M Preece (Acting for the Second Defendant)

Hunter Family Law Centre Pty Limited (Acting for the Plaintiff) SOLICITORS: Peter and Murphy Solicitors (Acting for the First and Second Defendants) Third Defendant - Self Represented

JUDGMENT

1 Shaun Yin Than Cheah claimed to recover as a debt the sum of $460,000, interest and costs from HPL Developments Pty Ltd, the first defendant, Peter James Hubbard, the second defendant, Warwick James Lindsay, the third defendant and Secure Mortgage and Leasing Pty Limited, the fourth defendant.