Aquamore Fund 2 Pty Ltd v Church Point Apartments Pty Ltd (receivers and managers appointed) [2023] NSWSC 511

Aquamore Fund 2 Pty Ltd v Church Point Apartments Pty Ltd (receivers and managers appointed) [2023] NSWSC 511

The lender was entitled to judgment against the guarantors as all contractual conditions were met, no valid defence was raised on quantification, waiver, or service, no manifest error was established in the financier's certificate, and the recusal application for apprehended bias was rejected for lack of logical connection between past findings and current issues or parties.

Parties
Plaintiff: Aquamore Fund 2 Pty Ltd; First Defendant: Church Point Apartments Pty Ltd (receivers and managers appointed); Second Defendant: Gregory Walker; Fourth Defendant: Forest Apartments Pty Ltd; Fifth Defendant: The Gosford Pty Ltd
Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Equity Commercial List / Principal Judgment After Final Hearing
Outcome
Recusal application dismissed; judgment for plaintiff against guarantors; no orders against borrower for deficient service.
Legal Topics
Mortgage Enforcement, Guarantees, Apprehended Bias, Service of Process, Solicitor Client Relationship, Case Management
Banking and Finance Civil Procedure Mortgage Enforcement Guarantees Apprehended Bias Service of Process Solicitor Client Relationship Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 41 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Aquamore Fund 2 Pty Ltd

Plaintiff

Church Point Apartments Pty Ltd (receivers and managers appointed)

First Defendant

Gregory Walker

Second Defendant

Forest Apartments Pty Ltd

Fourth Defendant

The Gosford Pty Ltd

Fifth Defendant

Procedural Posture

Equity Commercial List / Principal Judgment After Final Hearing

Legal Issues

  1. 1 Whether the lender is entitled to enforce the guarantee and recover the balance owed after sale of mortgaged property
  2. 2 Whether there was waiver or improper service on the borrower corporation via the receiver
  3. 3 Whether the judge should recuse herself for apprehended bias owing to prior unrelated judgment

Ratio Decidendi

The lender was entitled to judgment against the guarantors as all contractual conditions were met, no valid defence was raised on quantification, waiver, or service, no manifest error was established in the financier's certificate, and the recusal application for apprehended bias was rejected for lack of logical connection between past findings and current issues or parties.

Court Disposition

Recusal application dismissed; judgment for plaintiff against guarantors; no orders against borrower for deficient service.

Orders

  • Dismiss the first and second defendants' motion filed on 11 May 2023, with costs.
  • Judgment against the second, fourth and fifth defendants in the sum of $1,157,410.