Bank of Western Australia Limited v Jason David Callipari & Anor [2011] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Limited v Jason David Callipari & Anor [2011] NSWSC 145 Hearing dates: 7, 9 and 10 March 2011 Decision date: 10 March 2011 Before: Garling J Decision: Judgment for the plaintiff. Catchwords: GUARANTEES & INDEMNITIES - Personal guarantee on company loan - Company guarantee on home loan - Security by way of mortgages over property in NSW and Victoria - Default on payment of interest and principal - Failure of defendants to file a defence or any evidence in support in compliance with court orders - Defendants unable to explain any proper basis for a defence. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Category: Principal judgment Parties: Bank of Western Australia Limited (P) Jason David Callipari (D1) J. Callipari Property Group Pty Ltd (D2) Representation: Counsel: M.A. Jones (P) R. Mitchell (D1 & D2) Solicitors: Corrs Chambers Westgarth (P) Eggleston Mitchell (D1 & D2) File Number(s): 2010/076426

Judgment 1In August 2007, Jason Callipari borrowed about $630,000 from the Bank of Western Australia Limited under a Home Loan Facility. 2A company of which he was the sole director and shareholder, J. Callipari Property Group Pty Ltd, borrowed about $2.5M on a Business Loan Facility from the Bank. 3The Home Loan was secured by a company guarantee which was itself secured by a mortgage over company property both in NSW and Victoria. The Company's loan was secured by the same mortgages, and also by a guarantee from Mr Callipari. Mr Callipari's guarantee was secured by mortgages over his property in NSW and Victoria. 4Both loans went into default during 2008. 5The Bank now claims judgment for possession of each of the secured properties and for a monetary sum of an amount over $3.2M. 6The proceedings were listed by the Court for final hearing on 7 March 2011. 7For the reasons set out below, I have decided that the Bank is entitled to the orders which it seeks.