Nationwide Capital Pty Limited -v- Boutros Constructions Pty Limited [2012] NSWSC 1472

Supreme Court New South Wales

Medium Neutral Citation: Nationwide Capital Pty Limited -v- Boutros Constructions Pty Limited [2012] NSWSC 1472 Hearing dates: 13 November 2012 Decision date: 30 November 2012 Jurisdiction: Equity Division Before: Acting Justice Windeyer Decision: Money judgment against first, second and third defendants. Order for judicial sale against third defendant Catchwords: CONTRACTS - Loan agreement - events of default - whether default established another contract - whether binding agreement reached GUARANTEE - Indemnity - variation of main loan agreement or variation of collateral arrangement Legislation Cited: Real Property Act 1900 (NSW) Conveyancing Act 1919 (NSW) Cases Cited: Masters v Cameron (1954) 81 CLR 353 Category: Principal judgment Parties: Nationwide Capital Pty Limited - Plaintiff Boutros Constructions Pty Limited - First Defendant Chalita Boutros - Second Defendant Malke Boutros - Third Defendant Westpac Banking Corporation - Fourth Defendant Credit Corp Service Pty Ltd - Fifth Defendant Now Studio Pty Ltd - Sixth Defendant Representation: Counsel: A.G. Martin - Plaintiff G.D. McDonald - First to Third Defendants K. Wentworth - Sixth Defendant - Self-Represented Solicitors: ERA Legal - Plaintiff Russo & Co. - First to Third Defendants File Number(s): 2011/198240