Jones v Khera [2002] NSWSC 69

New South Wales Supreme Court

CITATION : Jones v Khera [2002] NSWSC 69 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11858/01 HEARING DATE(S) : 15 February 2002 JUDGMENT DATE : 20 February 2002

PARTIES : Ian Robert Durston Jones (Plaintiff) Gita Khera (Defendant) JUDGMENT OF : Studdert J

LOWER COURT Local Court JURISDICTION : LOWER COURT 10280/93 FILE NUMBER(S) : LOWER COURT Stapleton LCM, Cloran LCM JUDICIAL OFFICER :

COUNSEL : A. Lo Surdo (Plaintiff) M.R. Lawson (Defendant) SOLICITORS : Ian R.D. Jones (Plaintiff) Browne & Associates (Defendant) CATCHWORDS : Appeal from decision of Local Court - action against two debtors following loan - security documents and their construction - whether lender's action following bankruptcy of one debtor released the other debtor - whether error of law by magistrate. LEGISLATION CITED : Local Courts (Civil Claims) Act Bankruptcy Act DECISION : See para 37

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

STUDDERT J

Wednesday 20 February 2002

11858/01 IAN ROBERT DURSTON JONES v GITA KHERA

JUDGMENT 1 HIS HONOUR: This is an appeal by way of summons from a decision in the Local Court. The plaintiff on the summons was the defendant in proceedings in the Local Court in which the claim for the recovery of an alleged loan was pleaded thus: "1. On the 7th December 1992 at the request of the defendants the plaintiff advanced to the said defendants the sum of $15,000.000 on loan. 2. On the 4th March 1993 the defendants executed a Deed of Mortgage and Personal Guarantees to secure the monies so advanced.