Padstow Corporation Pty Ltd v Fleming [2011] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Padstow Corporation Pty Ltd v Fleming [2011] NSWSC 1337 Hearing dates: 31 October 2011 Decision date: 31 October 2011 Jurisdiction: Equity Division Before: Gzell J Decision: Co-surety not released as terms of settlement a covenant not to sue. Catchwords: GUARANTEE AND INDEMNITY - Discharge of Surety - terms of settlement and notice of discontinuance against one surety - whether co-surety released - whether covenant not to sue Cases Cited: James & Ors v Surf Road Nominees Pty Limited & Ors [2004] NSWCA 475 Carr v Thomas [2009] NSWCA 208 Dorgal Holdings Pty Ltd v Buckley (1996) 22 ACSR 164 Category: Procedural and other rulings Parties: Padstow Corporation Pty Ltd (Plaintiff) Thomas John Fleming (Second Defendant) Harold O'Brien (Third Defendant) Thomas Maurice Fleming (First Cross-Claimant) Alan Sher (Third Cross-Claimant) Robert Minter (Cross-Defendant to Fourth Cross-Claim) Representation: Counsel J Sleight/C Mulvey (Plaintiff) R Angyal SC/L Doust (Second Defendant) J Sheller (Third Defendant) G Rich/L Thomas (First Cross-Claimant) J Merkel (Third Cross-Claimant) G Curtin SC (Cross-Defendant to Fourth Cross-Claim) Solicitors Neville & Hourn Legal (Plaintiff) Cordato Partners (Second Defendant) Gilchrist Connell (Third Defendant) Addisons Lawyers (First Cross-Claimant) Smith Lawyers (Third Cross-Claimant) Middletons Lawyers (Cross-Defendant to Fourth Cross-Claim) File Number(s): 2008/279166