Commonwealth Bank of Australia v Bobby Sailesh Anand [2011] NSWSC 613

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Bobby Sailesh Anand [2011] NSWSC 613 Hearing dates: 23 - 24 August 2010 Decision date: 16 June 2011 Jurisdiction: Common Law Before: Hidden J Decision: Judgment for amount secured by guarantee and for possession of mortgaged property Catchwords: GUARANTEE - bank loan to company - charge over company's assets as security - charge unregistered - liquidation of company - charge void as against liquidator - guarantee of loan by sole director and shareholder of company - whether failure to register charge entitled guarantor to discharge - exemption clause in guarantee Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Ankar v National Westminster Finance (Australia) Ltd (1986-87) 162 CLR 549 Credit Lyonnais Australia Ltd v Darling (1991) 5 ACSR 703 Brook v Green [2006] EWHC 349 (Ch) Williams v Frayne (1937) 58 CLR 710 The Fletcher Organisation Pty Ltd v Crocus Investments Pty Ltd [1988] 2 Qd R 517 Graeme Webb Investments Pty Ltd v St George Partnership Banking Ltd [2001] NSWCA 93, 38 ACSR 282 Category: Principal judgment Parties: Commonwealth Bank of Australia (plaintiff) Bobby Sailesh Anand (defendant) Representation: Counsel D Sulan (plaintiff) J Van Aalst (defendant) Solicitors John Henry Bartrop, HWL Ebsworth Lawyers (plaintiff) Akash Lodhia Lodhia Lawyers (defendant) File Number(s): 2008/288110