NSW Caselaw
New South Wales District Court
CITATION: Sara v Adam [2010] NSWDC 271
HEARING DATE(S): 31 August and 1 September 2010
JUDGMENT DATE: 28 September 2010
JUDGMENT OF: Hungerford ADCJ
(1) Declare that the contract of guarantee made between Edward Sara and Nadia Adam as set out in the document dated 2 February 2009 entitled "Acknowledgment of Debt and Repayment of Loan/Debt Agreement and Guarantee" is void in whole from the time when it was made. DECISION: (2) Statement of claim, as amended, is dismissed. (3) Plaintiff is to pay the defendant's costs of the proceedings on the ordinary basis in an amount as agreed or assessed.
CATCHWORDS: CONTRACTS - Contract of guarantee of a debt - Unjust contract - Whether contract "unjust" - Substantive and procedural unfairness - Exorbitant interest rates for loan - Circumstances in which contract made - Whether contract had consideration - Relief available
LEGISLATION CITED: Contracts Review Act 1980, ss 7 and 9 Fair Trading Act 1987, s 72
Breusch v Watts Development Division Pty Ltd (1987) 10 NSWLR 311 Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847 CASES CITED: Kowalczuk v Accom Finance Pty Ltd [2008] NSWCA 343 Nicom Interiors Pty Ltd v Circuit Finance Pty Ltd [2004] NSWSC 728 Riz v Perpetual Trustee Australia Ltd [2007] NSWSC 1153 West v AGC (Advances) Ltd (1986) 5 NSWLR 610
TEXTS CITED: The Modern Contract of Guarantee (O'Donovan and Phillips, Legal Online ed, Thomson Reuters, 2008)
PARTIES: Edward Sara - Plaintiff Nadia Adam - Defendant
FILE NUMBER(S): 335219 of 2009
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