Apparel Group Pty Ltd v Bettina Liano Pty Ltd [2014] NSWSC 670

Apparel Group Pty Ltd v Bettina Liano Pty Ltd [2014] NSWSC 670

Ms Liano is personally liable under the guarantee contained in cl 31(a) of the Terms of Trading for the amount unpaid by BLPL to Apparel Group; the obligation to indemnify against 'all costs' entitles the plaintiff to indemnity costs.

Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Contractual Guarantee Claim / Judgment
Outcome
Judgment for the plaintiff against the second defendant for the sum of $152,964.09; second defendant to pay plaintiff's costs of proceedings on indemnity basis.
Legal Topics
['guarantee' 'indemnity Costs' 'contract Construction']
['contract Law'] ['guarantee' 'indemnity Costs' 'contract Construction']

Case Brief

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Procedural Posture

Contractual Guarantee Claim / Judgment

Legal Issues

  1. 1 ['Whether second defendant is personally liable under contractual guarantees' 'Whether contractual indemnity requires costs to be paid on an indemnity basis']

Ratio Decidendi

Ms Liano is personally liable under the guarantee contained in cl 31(a) of the Terms of Trading for the amount unpaid by BLPL to Apparel Group; the obligation to indemnify against 'all costs' entitles the plaintiff to indemnity costs.

Court Disposition

Judgment for the plaintiff against the second defendant for the sum of $152,964.09; second defendant to pay plaintiff's costs of proceedings on indemnity basis.

Orders

  • ['Judgment entered in favour of the plaintiff against the second defendant for the sum of $152,964.09.' "The second defendant pay the plaintiff's costs of the proceedings on an indemnity basis."]