National Australia Bank Limited v Benchmark (Aust) Pty Limited & Ors [2011] NSWSC 1464

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Benchmark (Aust) Pty Limited & Ors [2011] NSWSC 1464 Hearing dates: 29 November 2011 Decision date: 30 November 2011 Before: McCallum J Decision: Application for summary judgment granted. Judgment for the plaintiff in the sum of $6,589,177.42. Catchwords: CONTRACT - construction - guarantee - whether later guarantee replaced earlier guarantee - attempt to rely on pre-contractual conversations and post-contractual conduct as an aid in construction Cases Cited: Agricultural & Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Mahoney v McManus (1981) 180 CLR 370 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Toll (FGCT) Pty Ltd v Alphafarm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: National Australia Bank Limited (plaintiff) Benchmark (Aust) Pty Limited (first defendant) Landon Hodgkinson (second defendant) Michael Sanchez (third defendant) Representation: J Stoljar SC with J Hynes (plaintiff) D Klineberg (first and third defendants) Turks Legal (plaintiff) Levitt Robinson Solicitors (first and third defendants) File Number(s): 2010/27037 Publication restriction: None

Judgment 1These are proceedings to enforce guarantees given to National Australia Bank as security for the borrowings of a company now in receivership, Lauderdale Project Pty Limited (Receivers and Managers Appointed).