Brighten Pty Limited ACN 122 082 393 -v- Bank of Western Australia Limited ACN 050 494 454 [2011] NSWSC 816

Brighten Pty Limited ACN 122 082 393 -v- Bank of Western Australia Limited ACN 050 494 454 [2011] NSWSC 816

Each element of the claim against each cross-defendant was established by affidavits and tendered documents, and quantum as at 14 March 2011 was established by lender's certificates under the facility agreement and guarantees in the amount of $13,583,412.13; accordingly the bank was entitled to judgment against each cross-defendant for that amount with interest and costs.

Jurisdiction
Australia
Judgment Date
16 March 2011
Procedural Posture
Claim on Guarantee; Commercial List Cross Claim / Principal Judgment; Ex Tempore Judgment
Outcome
Judgment for the cross-claimant against each of the first cross-defendant, second cross-defendant and third cross-defendant in the amount of $13,583,412.13.
Legal Topics
['guarantees' 'loan Facility' 'demand Under Guarantee' 'judgment Interest' 'costs']
['contract Law' 'banking and Finance' 'civil Procedure'] ['guarantees' 'loan Facility' 'demand Under Guarantee' 'judgment Interest' 'costs']

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Procedural Posture

Claim on Guarantee; Commercial List Cross Claim / Principal Judgment; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the cross-claimant was entitled to judgment against the cross-defendants for the balance owing under the facility and guarantees.' 'Whether quantum was established for the amount claimed under the facility agreement and guarantees.']

Ratio Decidendi

Each element of the claim against each cross-defendant was established by affidavits and tendered documents, and quantum as at 14 March 2011 was established by lender's certificates under the facility agreement and guarantees in the amount of $13,583,412.13; accordingly the bank was entitled to judgment against each cross-defendant for that amount with interest and costs.

Court Disposition

Judgment for the cross-claimant against each of the first cross-defendant, second cross-defendant and third cross-defendant in the amount of $13,583,412.13.

Orders

  • ['Judgment for the cross-claimant against each of the first cross-defendant, second cross-defendant and third cross-defendant in the amount of $13,583,412.13 together with interest pursuant to s 101 of the Civil Procedure Act 2005 (NSW) at the prescribed rate from 16 March 2011.' "The cross-defendants are to pay the...