NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Golden Horizon Finance Co Ltd v Financial & Energy Exchange Limited (ACN 122 086 284) [2016] NSWSC 593 Hearing dates: 4 to 6 May 2016 Decision date: 12 May 2016 Before: Ball J Decision: 1. Judgment for the plaintiff in the sum of $3,992,217.59. 2. Defendant to pay the plaintiff's costs of the proceedings. Catchwords: CONTRACTS - loan agreement - action to recover money advanced by lender - whether agreement was expressly or impliedly varied – whether there was an estoppel by convention – no issue of principle Cases Cited: Australian Co-operative Foods Ltd v Norco Co-operative Ltd (1999) 46 NSWLR 267 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd [1986] HCA 14; (1986) 160 CLR 226 Grundt v Great Boulder Proprietary Gold Mines Ltd [1937] HCA 58; 59 CLR 641 Johnson Matthey Ltd v AC Rochester Overseas Corp (1990) 23 NSWLR 190 MK & JA Roche Pty Ltd v Metro Edgley Pty Ltd [2005] NSWCA 39 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Whittet v State Bank of New South Wales (1991) 24 NSWLR 146 Category: Principal judgment Parties: Golden Horizon Finance Co Ltd (Plaintiff) Financial & Energy Exchange Limited (ACN 122 086 284) (Defendant) Representation: Counsel: P Reynolds (Plaintiff) SJ Philips (Defendant)
Solicitors: Clayton Utz (Plaintiff) MWA Law (Defendant) File Number(s): 2015/224489 Publication restriction: None
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