NSW Caselaw
New South Wales District Court
CITATION: Stringer v Abbotsleigh Properties Pty Limited [2008] NSWDC 366
HEARING DATE(S): 5 June 2008
JUDGMENT DATE: 23 July 2008
JURISDICTION: Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ
DECISION: 1. Verdict for the plaintiff against the second and third defendants for $759,630.12 together with interest. 2. The second and third defendants are to pay the plaintiff's costs of the proceedings
CATCHWORDS: CONTRACT - guarantee - the common intention of the parties objectively viewed
Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61 at [71] – [74] Gardiner v Agricultural and Rural Finance Pty Limited [2007] NSWCA 235 at [11] – [13] Integrated Computer Services Pty Limited v Digital Equipment Corp (Australia) Pty Limited (1988) 5 VPR [97326] CASES CITED: Kooee Communications Pty Limited v Primus Telecommunications Pty Limited [2008] NSWCA 5 Ormwave Pty Limited v Smith [2007] NSWCA 210 at [68] Pacific Carriers Limited v BNP Paribas [2004] HCA 35 at [22] Peppers Hotel Management Pty Limited v Hotel Capital Partners Limited [2004] NSWCA 114 at [69] Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52 at [40], [42] - [47]
Norman Keith Stringer (Plaintiff) PARTIES: Stringer v Abbotsleigh Properties Pty Limited (First Defendant) Joseph Prestia (Second Defendant) Noble Capital Pty Limited (Third Defendant)
FILE NUMBER(S): 5013/06
COUNSEL: Mr L Gor (Plaintiff) Mr J Dupree (Defendants)
SOLICITORS: Bransgroves (Plaintiff) Russo & Partners (Defendants)
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