Dynamic Supplies Pty Ltd v Gina Lorna Morrison & 1 Or [2005] NSWSC 1307

New South Wales Supreme Court

CITATION : Dynamic Supplies Pty Ltd v Gina Lorna Morrison & 1 Or [2005] NSWSC 1307

HEARING DATE(S) : 28 October 2005

JUDGMENT DATE : 28 October 2005

JUDGMENT OF : Brereton J

CATCHWORDS : EQUITY - charging clause in guarantee - claim by creditor for declaration of equitable interest in land - no question of principle

LEGISLATION CITED : Contracts Review Act 1980 (NSW)

Dynamic Supplies Pty Limited (plaintiff) PARTIES : Gina Lorna Morrison (first defendant) Westpac Banking Corporation (second defendant)

FILE NUMBER(S) : SC 2333/05

Mr G Sirtes (plaintiff) COUNSEL : Ms Morrison (in person) (first defendant) Mr T Kerr (solicitor) (second defendant)

Jones King Lawyers (plaintiff) SOLICITORS :

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

FRIDAY 28 OCTOBER 2005

2333/05 DYNAMIC SUPPLIES PTY LIMITED v GINA LORNA MORRISON & 1 OR JUDGMENT – (ex tempore – revised 20 December 2005) 1 HIS HONOUR: The plaintiff Dynamic Supplies Pty Ltd supplied goods on credit to IT Imaging Pty Ltd (ITI), a company of which the first defendant Gina Lorna Morrison was at all material times the sole director. Ms Morrison executed a guarantee and indemnity in favour of Dynamic in respect of the indebtedness of ITI, and that guarantee and indemnity includes a provision, the purport of which is to secure the amount for which she may be liable pursuant to the guarantee and indemnity on any interest which she may have in land. Ms Morrison is the registered proprietor of the land in folio identifier 851/804012 situate at and known as 5 Fishburn Court, Terrigal in the State of the New South Wales, of which the second defendant Westpac Banking Corporation is the registered first mortgagee.