Commonwealth Bank of Australia v Susan Hannaford Pty Ltd (No. 5) [2013] NSWSC 1175

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Susan Hannaford Pty Ltd (No. 5) [2013] NSWSC 1175 Hearing dates: 22/8/13 Decision date: 22 August 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1)Judgment in favour of the plaintiff as against the third defendant in her capacity as guarantor of the obligations of the first defendant in the sum of $4,651,041.90; (2)Under r. 29.7(4) Uniform Civil Procedure Rules 2005, I dismiss the first cross-claim dated 21 September 2001; (3)I order the third defendant pay the plaintiff's costs of and incidental to the proceedings forthwith after they have been agreed or assessed; (4)I direct entry of judgment forthwith; (5)Declare that the plaintiff's claim against the first defendant in debt is stayed pursuant to the provisions of s 471B Corporations Act 2001 (Cth.). Catchwords: CONTRACT - residential mortgage - borrower in default - enforcement of deed of guarantee against third defendant PRACTICE & PROCEDURE - application for dismissal of cross-claim under r29.7(4) Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules (NSW) Cases Cited: Currie v Dempsey [1967] 2 NSWR 532 O'Brien v Bank of Western Australia Limited [2013] NSWCA 71 Thomas v Balanced Securities Ltd [2011] QCA 258; 2 Qd R 482 Category: Principal judgment Parties: Commonwealth Bank of Australia (plaintiff) Susan Hannaford Pty Ltd (first defendant) Susan Hannaford (third defendant) Representation: Counsel: J.M. White (plaintiff) No appearance (third defendant) Solicitors: Gadens Lawyers (plaintiff) No appearance (third defendant) File Number(s): 2010/4800