Craft Printing Pty Limited v Dwyer [2009] NSWDC 190

New South Wales District Court

CITATION: Craft Printing Pty Limited v Dwyer [2009] NSWDC 190

HEARING DATE(S): 30 and 31 March 2009

JUDGMENT DATE: 7 April 2009

JURISDICTION: Civil jurisdiction

JUDGMENT OF: Johnstone DCJ

DECISION: 1. Judgment is to be entered for the plaintiff for $416,592.39. 2. The defendant is to pay the plaintiff's costs, on the ordinary basis. Leave to apply within 7 days for some other order.

CATCHWORDS: GUARANTEE - debts of corporation guaranteed by sole director - whether that corporation ceased to be the contracting party in respect of the debts - if so, whether the defendant engaged in misleading or deceptive conduct or unconscionable conduct relied upon by the plaintiff to its detriment - whether the debts were extinguished by the plaintiff's appropriation of payments received to the oldest outstanding invoices first

Civil Procedure Act 2005 Business Names Act 2002 LEGISLATION CITED: Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Australian Securities and Investments Commission Act 2001 (Cth)

Deeley v Lloyds Bank Limited [1912] AC 756 Equity Access Pty Ltd v Westpac Banking Group [1989] FCA 506 General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 Henville v Walker [2001] HCA 52 CASES CITED: Lam v Ausintel Investments Australia Pty Ltd (1997) 97 FLR McLean v Discount & Finance Ltd (1939) 64 CLR 312 Reid Murray Holdings Ltd (in liq) v David Murray Holdings Pty Ltd (1972) 5 SASR 386 Simson v Ingham (1823) 2 B & C 65 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514