Sydney Automotive Paints & Equipment Pty Ltd v Grant Lee Thomas [2011] NSWSC 1454

Supreme Court New South Wales

Medium Neutral Citation: Sydney Automotive Paints & Equipment Pty Ltd v Grant Lee Thomas [2011] NSWSC 1454 Hearing dates: 15 June 2011 Decision date: 01 December 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: 1.The appeal is upheld. 2.The decision of her Honour Magistrate Hawdon dated 21 January 2011 is set aside. 3.The matter is remitted to the Local Court to be determined according to law. 4.The defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - guarantee for sale on credit - guarantee altered without knowledge of guarantor - magistrate held that guarantor only intended to guarantee sales to particular business - magistrate held guarantee never arose and set aside statement of claim - whether error of law or fact - subjective intention of guarantor considered by magistrate - irrelevant consideration - error of law - appeal upheld and matter remitted to Local Court Legislation Cited: Contracts Review Act 1980 Local Court Act 2007 Cases Cited: Avon Downs Proprietary Limited v Federal Commission of Taxation (1949) 78 CLR 353 Carmichael v National Power Plc [1999] UKHL 47; [1999] 1 WLR 2042 Codelfa Construction Pty Ltd v State Rail Authority (NSW) 149 CLR 33 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8 Handbury v Nolan (1977) 13 ALR 339 House v The King (1936) 55 CLR 499 Northstate Carpet Mills Pty Ltd v BR Industries Pty Ltd [2006] NSWSC 1057 Patey-Dennis v MUT Constructions (NSW) Pty Ltd Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165 Category: Principal judgment Parties: Sydney Automotive Paints & Equipment Pty Limited (Plaintiff) Grant Lee Thomas (Defendant) Representation: C Harris SC with H Alton (Plaintiff) J Beck (Defendant) Simpson Freed (Plaintiff) Forum Law (Defendant) File Number(s): 2011/46775 Decision under appeal Date of Decision: 2011-01-21 00:00:00 Before: Hawdon LCM File Number(s): 2011/46775