ING Bank (Australia) Ltd v Srbotech Pty Ltd [2013] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: ING Bank (Australia) Ltd v Srbotech Pty Ltd [2013] NSWSC 361 Hearing dates: 12 April 2013 Decision date: 19 April 2013 Jurisdiction: Common Law Before: Davies J Decision: Grant leave to the Second Defendant to file an Amended Defence in the form of exhibit A and a cross-claim in the form of annexure B to the affidavit of Damian Grant Phair sworn 13 March 2013 with the amendments to paragraphs 12 and 14 that I have identified in this judgment. Catchwords: PROCEDURE - amendment - Second Defendant seeks to file Amended Defence - Second Defendant seeks to file a cross-claim out of time - whether proposed pleadings futile - claim on guarantee - variations of loan agreement not consented to by the guarantor - change in co-guarantors after signing by guarantor Second Defendant - proper construction of the guarantee - whether guarantor's signature forged. Cases Cited: Alamdo Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWSC 1073 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Ghazal v GIO of NSW (1992) 29 NSWLR 336 Category: Interlocutory applications Parties: ING Bank (Australia) Ltd (Plaintiff) Srbotech Pty Ltd (First Defendant) Chris Srbinovski (Second Defendant) Dimko Srbinovski (Third Defendant) Representation: Counsel: R Bellamy (Plaintiff) D L Cook (Second Defendant) Solicitors: Gadens Lawyers (Plaintiff) Dettmann Longworth Lawyers (Second Defendant) File Number(s): 2012/351707