Druin Pty Ltd atf the Druin No 3 Trust trading as Harvey Norman Commercial Division v Corbin [2014] NSWSC 510

Supreme Court New South Wales

Medium Neutral Citation: Druin Pty Ltd atf the Druin No 3 Trust trading as Harvey Norman Commercial Division v Corbin [2014] NSWSC 510 Hearing dates: 14 - 25 April 2014 Decision date: 08 May 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)Order that the proceedings be dismissed. (2)Order the plaintiff to pay the defendant's costs. (3)Order that the costs will be payable on the ordinary basis unless the defendant, within seven days of the date of publication of these reasons for judgment makes an application for an order for costs on some other basis. (4)Orders the return of exhibits and documents produced on subpoena as set out in par 47 Catchwords: GUARANTEE AND INDEMNITY - the contract of guarantee - construction and effect - whether there is an intention to be legally bound - objective intention - signature mistakenly affixed - whether to apply the parole evidence rule Cases Cited: Alonso v SRS Investments (WA) Pty Ltd [2012] WASC 168 Australian Woollen Mills Pty Ltd v The Commonwealth (1953-1954) 92 CLR 424 Baird v Magripilis (1925) 37 CLR 321 Curtis v Chemical Cleaning and Dyeing Co (1951) 1 KB 805 Ermogenous v Greek Orthodox Community of SA Inc (2001) 209 CLR 91 L'Estrange v F Graucob Ltd (1934) 2 K B 394 Scottish Amicable Life Assurance v Reg Austin Insurances Pty Ltd (1985) 9 ACLR 909 Category: Principal judgment Parties: Druin Pty Ltd atf the Druin No 3 Trust trading as Harvey Norman Commercial Division (plaintiff) Mark Craig Corbin (defendant) Representation: Counsel: F Ashworth (plaintiff) Solicitors: Results Legal Solutions (plaintiff) Pagano Burlovich Lawyers (defendant) File Number(s): 2013/207922