Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679

Supreme Court New South Wales

Medium Neutral Citation: Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679 Hearing dates: 15 May 2019; 16 May 2019; 17 May 2019 Decision date: 11 June 2019 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) A declaration that the guarantee executed by Ms Sun on 30 May 2016 is void and unenforceable as against Ms Sun. (2) There should be judgment entered in favour of Ms Sun. (3) The plaintiff is to pay the costs of Ms Sun. Catchwords: GUARANTEE – action by creditor against guarantor – whether guarantor knew force and effect of document which she signed – credit of guarantor in issue – whether guarantor a volunteer – significance of relationship between guarantors – guarantor a witness of truth – guarantor did not understand force and effect of guarantee – guarantor deceived by a friend – guarantee unenforceable against guarantor. Cases Cited: Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; 151 CLR 447 Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 Texts Cited: Nil Category: Principal judgment Parties: Hume Plasterboard Pty Limited – Plaintiff Brilliant Interiors Pty Limited – First Defendant Genade Suntsov – Second Defendant Xiaojuan Sun – Third Defendant and Cross-Claimant Representation: Counsel: SK Hill – Plaintiff JC Lee – Third Defendant and Cross-Claimant

Solicitors: CBD Law Solicitors – Plaintiff Ren Zhou Lawyers – Third Defendant and Cross-Claimant File Number(s): 2018/153193 Publication restriction: Nil