NSW Caselaw
New South Wales Supreme Court
CITATION : Challenger Managed Investments Limited v Milan Samardic & Stoyan Kiceec [2010] NSWSC 908
HEARING DATE(S) : 16 August 2010
JUDGMENT DATE : 16 August 2010
JUDGMENT OF : Garling J
EX TEMPORE JUDGMENT DATE : 16 August 2010
DECISION : Judgment for the plaintiff creditor against defendant guarantors. Defendants to pay the plaintiff's costs on an indemnity basis.
CATCHWORDS : GUARANTEES & INDEMNITIES – Personal guarantees on commercial loan – Company debts and mortgages – Default on payment of interest and repayment of loan – Defendant guarantors called upon to remedy company's default - Possession taken of company properties – No appearance by defendant guarantors – Judgment for the plaintiff creditor against the defendant guarantors. - PRACTICE & PROCEDURE – Civil Procedure Act 2005, s.56 – Defences did not identify any real issue for determination – Delay in the timely hearing of proceedings. - COSTS – Indemnity costs order – Where existing contractual entitlement to indemnity for legal costs.
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Principal judgment
CASES CITED : Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175
Challenger Managed Investments Limited (P) PARTIES : Milan Samardic (D1) Stoyan Kiceec (D2)
FILE NUMBER(S) : SC 2008/288376
COUNSEL : V. Bedrossian (P)
NortonRose (P) SOLICITORS : No appearance (D1) No appearance (D2)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GARLING J
MONDAY, 16 AUGUST 2010
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