Commonwealth Bank of Australia v Usalj [2010] NSWSC 1105

New South Wales Supreme Court

CITATION : Commonwealth Bank of Australia v Usalj [2010] NSWSC 1105 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 23 September 2010 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 23 September 2010

DECISION : I dismiss with costs the notice of motion filed on 22 September 2010 for the first second, third, fifth and seventh defendants.

CATCHWORDS : CONTRACTS – guarantees – enforcement – where plaintiff bank sues remaining defendants pursuant to guarantees given by them for liabilities of a company – where remaining defendants led no evidence to prove substantive defences – where remaining defendants withdrew and took no further part in proceedings – whether guarantees executed – whether relevant mortgages executed – whether bank made demand on defendants – whether each of defendants honoured obligation pursuant to any demand – plaintiff entitled to judgment against each defendant – no question of principle.

Australian Securities and Investments Commission Act 2001 (Cth) LEGISLATION CITED : Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Trade Practices Act 1974 (Cth)

CATEGORY : Procedural and other rulings

Commonwealth Bank of Australia (Plaintiff) Joseph Usalj (First Defendant) Filomena Usalj (Second Defendant) PARTIES : Domenic Jason Usalj (Third Defendant) Craig Michael Frankland (Fourth Defendant) Antoinette Frankland (Fifth Defendant) Simon Robert Usalj (Sixth Defendant) Janine Ann Usalj (Seventh Defendant)