Coast RV Pty Ltd v T2 Projects Pty Ltd; Creswick, William John; Creswick, John Francis [2013] NSWLC 34

Local Court New South Wales

Medium Neutral Citation: Coast RV Pty Ltd v T2 Projects Pty Ltd; Creswick, William John; Creswick, John Francis [2013] NSWLC 34 Hearing dates: 25 March 2013 Decision date: 30 April 2013 Jurisdiction: Civil Before: Bradd LCM Decision: Verdict for the plaintiff. Catchwords: CIVIL LAW - application for credit - whether contract binds the defendant - whether plaintiff entitled to assume application was duly executed by the defendant - whether goods ordered Legislation Cited: Corporations Act 2001 (Cth), ss 126, 127, 128, 129, 130 Cases Cited: Story v Advance Bank Australia Ltd & Anor (1993) 31 NSWLR 722 Category: Principal judgment Parties: Coast RV Pty Ltd as trustee for the Coast RV Unit Trust t/as Coast to Coast RV Services (Plaintiff)

T2 Projects Pty Ltd t/as Lifestyle RV's (Defendant) William John Creswick (Defendant) John Francis Creswick (Defendant) Representation: B Nolan (Counsel for the Plaintiff) W P Jones (Solicitor for the Plaintiff)

B Le-Plastrier (Counsel for the Defendants) P Lynch (Solicitor for the Defendants) File Number(s): 2012/202629 Publication restriction: Nil

JUDGMENT 1. Coast RV Pty Ltd claims that, in 2006, it entered into a contract with T2 Projects Pty Ltd for the provision of caravan goods and services. Coast RV Pty Ltd also claims that T2 Projects Pty Ltd executed an application for credit in favour of Coast RV Pty Ltd. 2. Coast RV Pty Ltd claims that, in 2006, William John Creswick and John Francis Creswick executed a personal guarantee and indemnity agreement, whereby they guaranteed the obligations of T2 Projects Pty Ltd. 3. In 2011, Coast RV Pty Ltd provided goods and/or services to T2 Projects Pty Ltd, at the request of T2 Projects Pty Ltd, and rendered tax invoices. The amount of $21,324.50 remains unpaid. 4. T2 Projects Pty Ltd denies that it executed an application for credit on 14 December 2006. It also denies that Coast RV Pty Ltd sent tax invoices. 5. In 2007, William John Creswick was appointed as a director of T2 Projects Pty Ltd. The ASIC company extract is at Ex 5.