Premium Green Batts v McTaggart [2011] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: Premium Green Batts v McTaggart [2011] NSWSC 838 Hearing dates: 02/08/2011 Decision date: 02 August 2011 Jurisdiction: Equity Division Before: McDougall J Decision: Judgment for plaintiff against first defendant in the sum of $2,803,143.24. First defendant to pay plaintiff's costs on solicitor and client basis. Catchwords: CONTRACT - contract for supply of insulation batts - failure by purchaser to perform obligations under supply contract - enforcement of guarantee and indemnity given by director of purchaser - claim made out - failure of defences - damages awarded in accordance with terms of guarantee. Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Premium Green Batts Pty Limited (Plaintiff) Trevor Shane McTaggart (First Defendant) Tarek Bhatti (Second Defendant) Representation: Counsel: J Horowitz (Plaintiff) Trevor McTaggart (Self Represented) (First Defendant) Solicitors: Swaab Attorneys (Plaintiff) Trevor McTaggart (Self Represented) (First Defendant) File Number(s): 2010/321321

Judgment (ex tempore) 1HIS HONOUR: The plaintiff (PGB) imported glass wool installation batts from China and sold them in Australia. One of its customers (for all I know, its only customer) was a company called Aussie Home Saver Pty Ltd (AHS). PGB's case is that it agreed to sell, and AHS agreed to buy, a substantial quantity of batts, but that AHS has not paid for what was agreed to be sold to it. PGB says, further, that the first defendant (Mr McTaggart) guaranteed the liabilities of AHS to PGB, and agreed to indemnify it against loss. 2In these proceedings, so far as they remain to be decided, PGB claims an amount of about $2.5 million, plus interest, from Mr McTaggart pursuant to what PGB says is his guarantee and indemnity.