Garfile Pty Ltd (ACN 057 990 075) (Receiver and Manager Appointed) v Illuminati Corporation Pty Ltd (ACN 137 331 769) (In Liquidation) [2013] NSWDC 109

District Court New South Wales

Medium Neutral Citation: Garfile Pty Ltd (ACN 057 990 075) (Receiver and Manager Appointed) v Illuminati Corporation Pty Ltd (ACN 137 331 769) (In Liquidation) [2013] NSWDC 109 Hearing dates: 18 July 2013 Decision date: 18 July 2013 Jurisdiction: Civil Before: Gibson Decision: (1) Second defendant, Natalie Sabbah, called three times outside Court 13D at 10:05am - no appearance. (2) Second defendant, Natalie Sabbah, called three times a second time outside Court 13D at 10:32am - no appearance. (3) Grant leave to the plaintiff to file in court an affidavit of Robert Michael Brennan sworn 16 July 2013. (4) Judgment for the plaintiff against the second defendant in the sum of $347,547.87. (5) Note that the calculation of this sum in order (3) includes a lump sum payment of legal costs ($60,648.00) and interest ($17,010.42). (6) Exhibits retained for 28 days. Catchwords: GUARANTEE AND INDEMNITY - lease contained guarantee covenants - second defendant/guarantor files defence denying having signed the guarantee PRACTICE AND PROCEDURE - second defendant/guarantor fails to file evidence or attend the hearing despite notification of the hearing date - circumstances in which claims may be heard in a party's absence Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), Part 29 r 29.7 Cases Cited: Kingdon v Kirk (1887) 37 Ch D 141 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Stone v Smith (1887) 35 Ch D 188 Tim Barr Pty Ltd v Naurui Gold Coast Pty Ltd [2011] NSWSC 11 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: Plaintiff: Garfile Pty Ltd (ACN 057 990 075) (Receiver and Manager Appointed) First Defendant: Illuminati Corporation Pty Ltd (ACN 137 331 769) (In Liquidation) Second Defendant: Natalie Sabbah Third Defendant: Aaron Sabbah Fourth Defendant: Melinda Grasso Fifth Defendant: Pasquale Timothy Barbaro Representation: Plaintiff: Mr J Knackstredt Second Defendant: No appearance Plaintiff: Gillis Delaney Lawyers Second Defendant: No appearance File Number(s): 2011/7650 Publication restriction: None