Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited; Woollard v Hodgson; Hodgson v Woollard [2016] NSWSC 188

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited; Woollard v Hodgson; Hodgson v Woollard [2016] NSWSC 188 Hearing dates: 20, 21 April 2015 Decision date: 08 March 2016 Jurisdiction: Common Law Before: Adams J Decision: (1) Judgment for the plaintiff against the third defendant.

(2) The plaintiff has leave to issue forthwith a writ for the possession of the land contained in Certificate of Title Folio Identifier 139/751656 known as 12 Singleton Road, East Kurrajong (also known as 1200 Putty Road, Blaxlands Ridge) in the State of New South Wales.

(3) As to the first cross-claim, judgment for the first and second cross-defendants against the cross-claimant.

(4) As to the second cross-claim, judgment for the cross-claimant against the first cross-defendant.

(5) ANZ and Mr Hodgson are directed to serve Mr Woollard with proposed orders effecting the judgment, including orders as to costs. Failing agreement within 14 days, the parties have liberty to apply on 3 days' notice. Catchwords: Corporations Act 2001 (Cth) – bank loan – all money guarantee – loan agreement with forged signatures of one director – whether statutory assumptions apply

Contracts Review Act 1980 (NSW) - whether notice of increased facility necessary Legislation Cited: Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth), Part 2B.2 Australian Securities and Investments Commission Act 2001 (Cth) Cases Cited: Albion Insurance Company Limited v Government Insurance Office of New South Wales [1969] HCA 55; 121 CLR 342 Australian and New Zealand Banking Group Ltd v Frenmast Pty Ltd [2013] NSWCA 459 Browne v Dunn (1893) 6 R 67 Capital Access Australia Pty Limited v Hraiki and Anor [2011] NSWSC 109 Chen v Song [2005] NSWSC 19 Eden Energy Ltd v Drivetrain USA Inc [2012] WASC 192 Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd [2014] WASC 279 Hancock v Williams (1942) 42 SR (NSW) 252 Klement v Pencoal Ltd [2000] QCA 152 Learn & Play (Rhodes No 1) Pty Limited as Trustee for Rhodes 1 Childcare Centre Unit Trust v David John Frank Lombe [2011] NSWSC 1506 Leybourne v Permanent Custodians Ltd [2010] NSWCA 78 MDN Mortgages Pty Limited v Caradonna [2010] NSWSC 1298 Quikfund (Australia) Pty Limited v Airmark Consolidators Pty Limited [2014] FCAFC 70; (2014) 312 ALR 252 Rowe v B & R Nominees Pty Limited [1964] VR 477 Soyfer v Earlmaze Pty Limited (supra) Soyfer v Earlmaze Pty Limited [2000] NSWSC 1068 West v AGC (Advances) Limited (1986) 5 NSWLR 610 Texts Cited: G E, Dal Pont, Law of Agency, 2nd Ed (2008) LexisNexis Butterworths Category: Principal judgment Parties: Australia and New Zealand Banking Group Limited (plaintiff/ second cross-defendant to first cross-claim/ second cross-defendant to second cross-claim) Adventure Quest Paintball-Skirmish Pty Limited (first defendant) Andrew Mark Hodgson (second defendant/ first cross-defendant to first cross claim/ cross-claimant to second cross-claim) Kim Garnet Woollard (third defendant/ cross-claimant to first cross-claim/ first cross-defendant to second cross-claim) Representation: Counsel: C E Bannan (Australia and New Zealand Banking Group Limited) T T Bors (Andrew Mark Hodgson) T C Holmes (Kim Garnet Woollard)