Foux v Philpott, Warren & Warren [2003] NSWLC 4

Local Court of New South Wales

CITATION: Foux v Philpott, Warren & Warren [2003] NSWLC 4 JURISDICTION: Civil Melvin Roy Foux (Plaintiff) PARTIES: Albert Andrew Philpott (First Defendant) Charles Warren (Second Defendant) Katherine Warren (Third Defendant) FILE NUMBER: 12640/00 PLACE OF HEARING: Downing Centre Local Court Sydney DATE OF DECISION: 16/05/2003 MAGISTRATE: Magistrate P S Cloran CATCHWORDS: Civil - Contract LEGISLATION CITED: Contracts Review Act 1980 CASES CITED: Bolton v Madden (1873) 9LR 55 Commercial Bank of Australia v Amadio (1982-1983) 151 CLR 47 REPRESENTATION: Mr Menadue for Plaintiff Mr Ash for Defendant ORDERS:

Reasons for Decision 1. The plaintiff has sued the defendant and two others pursuant to an alleged guarantee given by the defendant. Only Mr. Philpott has lodged a defence and henceforth a reference to the defendant will be a reference to him only.

2. The plaintiff is, according to his evidence, the sole shareholder in a company called Conran Associates Pty Ltd (Conran). The company extract which is Annexure A to the plaintiff's statement shows two shareholders including the plaintiff. Through the company, the defendant does Architectural work.

3. There is no dispute that a construction company called Riverlink Constructions Pty Ltd (Riverlink) owed Conran money for architectural services. Conran obtained default judgement against Riverlink at the Waverley Local Court on 6 March, 2000 in the sum of $28,965.03 with respect to the services that Conran provided. It is appropriate to note at this stage that the plaintiff did not seek further interest on the principal amount from the time of issue of the summons to the time that default judgement was entered.