NSW Caselaw
New South Wales Court of Appeal
CITATION: Ghossayn v Bleyer [2010] NSWCA 123
HEARING DATE(S): 24 May 2010 JUDGMENT OF: Tobias JA at [1], [22], [24]; Basten JA at [23]; Macfarlan JA at [2]
EX TEMPORE JUDGMENT DATE: 24 May 2010
(1) Appeal allowed; DECISION: (2) Set aside the orders made by his Honour Judge Rolfe on 11 and 21 May 2009 and in lieu thereof order that the respondent pay the appellant the sum of $572,313.40 inclusive of interest up to and including 24 May 2010; (3) The respondent pay the appellant's costs of the proceedings in the District Court including the respondent's cross-claim and the respondent pay the appellant's costs of the appeal but with respect to the latter have a certificate under the Suitors' Fund Act 1951 if otherwise qualified.
CATCHWORDS: CONTRACT - construction of guarantee - whether advances by one of the appellant's "related entities" rather than by the appellant himself gave rise to guaranteed debt - whether guaranteed debt reduced by expenses paid to US attorney and merchant bankers
LEGISLATION CITED: Fair Trading Act 1987
CATEGORY: Principal judgment
PARTIES: George Ghossayn (Appellant) Roland Bleyer (Respondent)
FILE NUMBER(S): CA 2009/298368
COUNSEL: Dr A S Bell SC (Appellant) D A McLure/A G Stenhouse (Respondent)
SOLICITORS: Blackstone Waterhouse (Appellant) Lincoln Smith & Company (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2801/2007
LOWER COURT JUDICIAL OFFICER: Rolfe DCJ
LOWER COURT DATE OF DECISION: 11 and 21 May 2009
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