Stanwell Warwick v Anthony Gee [2013] NSWSC 294

Stanwell Warwick v Anthony Gee [2013] NSWSC 294

The plaintiff is entitled to judgment for the amount advanced and claimed, together with costs, as the loan was proved, demand for repayment was made, and no payment received; all procedural requirements, including service, were satisfied.

Parties
First Plaintiff: Warwick Stanwell; Second Plaintiff: Culars No. 159 Pty Ltd atf Stanwell Group Superfund; First Defendant: Anthony Gee; Second Defendant: AJG Capital Pty Limited
Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Civil / Judgment After Application for Judgment, No Appearance by Defendants
Outcome
Judgment for plaintiff against first defendant with costs; leave to discontinue against second defendant.
Legal Topics
Application for Judgment, Debt Recovery, Service of Process
Civil Procedure Application for Judgment Debt Recovery Service of Process

Case Brief

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Parties

Warwick Stanwell

First Plaintiff

Culars No. 159 Pty Ltd atf Stanwell Group Superfund

Second Plaintiff

Anthony Gee

First Defendant

AJG Capital Pty Limited

Second Defendant

Procedural Posture

Civil / Judgment After Application for Judgment, No Appearance by Defendants

Legal Issues

  1. 1 Whether the plaintiff is entitled to judgment for recovery of a loan advanced to the first defendant
  2. 2 Whether proper service was effected on the first defendant

Ratio Decidendi

The plaintiff is entitled to judgment for the amount advanced and claimed, together with costs, as the loan was proved, demand for repayment was made, and no payment received; all procedural requirements, including service, were satisfied.

Court Disposition

Judgment for plaintiff against first defendant with costs; leave to discontinue against second defendant.

Orders

  • Direct entry of judgment for the plaintiff against the first defendant, in the sum of $1,995,341.70.
  • Order the first defendant to pay the plaintiff's costs.