Perpetual Corporate Trust Ltd v Cousins [2014] NSWSC 1564

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Ltd v Cousins [2014] NSWSC 1564 Hearing dates: 7 November 2014 Decision date: 07 November 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. The Second Defendant's Defence filed 18 August 2014 is struck out. 2. Judgment for the Plaintiff against the Second Defendant in the amount of $543,453.25. 3. Pursuant to s 101 of the Civil Procedure Act 2005 (NSW), the Second Defendant is to pay interest on the debt in Order 2 at the highest rates prescribed by the Plaintiff in the Loan Contract (as that term is defined in the amended Statement of Claim). 4. The Second Defendant is to pay the Plaintiff's costs on an indemnity basis. 5. The Plaintiff is to file and serve any reply to the First Defendant's Amended Defence on or before 21 November 2014. 6. The First Defendant is to serve the evidence upon which she relies on or before 12 December 2014. 7. The First Defendant is to pay the Plaintiff's costs of the Plaintiff's Notice of Motion filed 15 September 2014 and the Defendants' Notice of Motion filed 3 October 2014 that relate to the First Defendant's Defence. Catchwords: PROCEDURE - costs - judgment against guarantor - whether costs payable on an indemnity basis - term of the guarantee requiring payment on an indemnity basis - where borrower seeks indulgence to file amended defence - costs payable by borrower Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Interlocutory applications Parties: Perpetual Corporate Trust Ltd (Plaintiff) Colleen Judith Cousins (First Defendant) Cousins Property Group Pty Ltd (Second Defendant) Representation: Counsel: B Koch (Plaintiff) R Murphy (Defendants) Solicitors: Henry Davies York (Plaintiff) Somerville Legal (Defendants) File Number(s): 2013/266544