James v Australia and New Zealand Banking Group Ltd (No 2) [2017] NSWSC 216

James v Australia and New Zealand Banking Group Ltd (No 2) [2017] NSWSC 216

The rights and obligations of the first plaintiff under the guarantees have merged in the prior judgment entered by consent, precluding any claim to discharge or equitable set-off; guarantee clauses also prevent such claims, and unconscionable conduct is not made out.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Commercial List / Application for Leave to Amend Commercial List Summons and Statement
Outcome
Leave to amend Commercial List Summons and Statement refused; application dismissed with costs.
Legal Topics
['practice and Procedure' 'guarantees' 'judgments and Orders' 'res Judicata']
['equity' 'commercial Law'] ['practice and Procedure' 'guarantees' 'judgments and Orders' 'res Judicata']

Case Brief

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Procedural Posture

Commercial List / Application for Leave to Amend Commercial List Summons and Statement

Legal Issues

  1. 1 ['Whether leave should be granted to first plaintiff to amend Commercial List Summons and Statement' 'Whether prior judgment precludes claims of impeachment of title or sale at undervalue' 'Whether guarantee clauses bar equitable set-off or discharge of liability' 'Whether unconscionable conduct under ASIC Act warrants relief']

Ratio Decidendi

The rights and obligations of the first plaintiff under the guarantees have merged in the prior judgment entered by consent, precluding any claim to discharge or equitable set-off; guarantee clauses also prevent such claims, and unconscionable conduct is not made out.

Court Disposition

Leave to amend Commercial List Summons and Statement refused; application dismissed with costs.

Orders

  • ['Application to amend Commercial List Summons and Commercial List Statement dismissed with costs.' 'Court to hear further submissions on remaining proceedings concerning Aramax Nominees and Primax Nominees.']