Paperlinx Australia Pty Limited v Edwards [2015] NSWDC 81

District Court New South Wales

Medium Neutral Citation: Paperlinx Australia Pty Limited v Edwards [2015] NSWDC 81 Hearing dates: 6 and 7 November, 3 December 2014, 6 February 2015 (further written submissions received) Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Judgment for the defendant. (2)Plaintiff to pay the defendant's costs. Catchwords: PERSONAL GUARANTEE – signed deed – delivery - whether delivered with conditions – credit of witnesses Cases Cited: Commonwealth Bank of Australia v Shahen Serobian [2009] NSWSC 302 Iacullo v Remly Pty Limited; Iacullo v Iacullo [2008] NSWSC 1176 Naas (Lady) v Westminster Bank Ltd [1940] AC 366 Pratap v Permanent Custodians Limited [2013] NSWSC 1918 Texts Cited: Seddon, N (2015), Seddon on Deeds, The Federation Press, Sydney Category: Principal judgment Parties: Paperlinx Australia Pty Limited (ACN 007 228 113) (plaintiff) Peter Bruce Edwards (defendant) Representation: Counsel: Mr D Brogan (plaintiff) Mr J Darvall (defendant)

Solicitors: ACL Lawyers (plaintiff) Paul Mattick & Associates (defendant) File Number(s): 2012/258660 Publication restriction: None

Judgment

Introduction 1. Peter Edwards signed a Deed of Guarantee and Indemnity. The terms of the guarantee provided that he guaranteed the payment by his company, Good Impressions Offset Printing Pty Ltd, of all monies it owed to Paperlinx Australia Pty Limited. 2. Good Impressions was placed in administration owing $193,475.43 to Paperlinx, and Paperlinx claims this debt from Mr Edwards. Mr Edwards claims that the signed guarantee was not a concluded agreement but represented only part of an offer he made to Paperlinx. He says that his offer was rejected.