Bank of Western Australia v Hoy [2012] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia v Hoy [2012] NSWSC 518 Hearing dates: 16 May 2012 Decision date: 16 May 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Summary judgment pursuant to UCPR 13.1 in favour of the plaintiff against the defendant in the amount of $2,883,047.61. (2) Order pursuant to s 101 of the Civil Procedure Act 2005 that interest be payable on any judgment obtained by the plaintiff against the defendant at the rate or rates applicable under the Loan and Guarantee. (3) Order that the defendant pay the plaintiff's costs on an indemnity basis. Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - whether a defence to the claim exists Legislation Cited: - Civil Procedure Act 2005 Cases Cited: - GE Capital Finance Australia v Davis [2002] NSWSC 1146; 11 BPR 20,529 - Bank of Western Australia v O'Brien [2012] NSWSC 546 Category: Interlocutory applications Parties: Bank of Western Australia (Plaintiff) Michael Hoy (Defendant) Representation: P Dowdy (Plaintiff) S Poyser (Sol) (Defendant) Norton Rose Australia (Plaintiff) Wilkinson Building and Construction Lawyers (Defendant) File Number(s): 2011/341624

Judgment

Introduction 1The Bank of Western Australia (the Bank) seeks summary judgment against Michael Hoy in the sum of $2,883,047.61 pursuant to a guarantee Mr Hoy granted in favour of the Bank. 2The Bank relies on two affidavits of Charles James Fletcher Perry sworn 11 April 2012 and 16 May 2012. The first affidavit exhibits the relevant transactional documents, together with demands and a certificate of indebtedness. In the second affidavit, Mr Perry deposes to his belief that Mr Hoy has no defence to the Bank's claim as required by UCPR 13.1.