Paperlinx Australia v Canty [2013] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: Paperlinx Australia v Canty [2013] NSWSC 1407 Hearing dates: 09/09/2013; 10/09/2013; 11/09/2013; 12/09/2013; 13/09/2013 Decision date: 16 September 2013 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff to have judgment for $1,209,701.90 and interest, cross-claim to be dismissed. Plaintiff to bring in orders. Catchwords: GUARANTEE & INDEMNITY - guarantees - where defendants guaranteed trade debts - no question of principle Legislation Cited: Contracts Review Act 1980 (NSW) Category: Principal judgment Parties: Paperlinx Australia Pty Limited (Plaintiff) Paul Brian Canty (First Defendant) Denise Irene Canty (Second Defendant) Quality Logistics Australia Pty Limited (Third Defendant) Quality Publications Australia Pty Limited (Fourth Defendant) Quality Images (Australasia) Pty Limited (Fifth Defendant) Representation: Counsel: TM Faulkner (Plaintiff) CJ Bevan (First, Second, Fourth and Fifth Defendants) Solicitors: K & L Gates (Plaintiffs) Evangelos Patakas & Associates (First, Second, Fourth and Fifth Defendants) File Number(s): 2011/145590

Judgment (EX TEMPORE - REVISED 18 SEPTEMBER 2013) 1HIS HONOUR: The plaintiff (Paperlinx) sold and delivered paper to a company known as The Quality Group Pty Ltd (TQG). The defendants guaranteed the obligation of TQG to Paperlinx. TQG has failed to pay for more than $1 million worth of paper sold and delivered in 2009, and is now in liquidation. Paperlinx sues the defendants on their guarantees to recover the amount owed together with interest.