Commonwealth Bank of Australia -v- Jaimie Royston Fuller [2013] NSWSC 42

Commonwealth Bank of Australia -v- Jaimie Royston Fuller [2013] NSWSC 42

Because the third defendant guaranteed the borrower’s obligations, the Bank’s evidence established an indebtedness exceeding the amount claimed, and the third defendant did not appear to contest the claim, the Bank was entitled to judgment against the third defendant for $2,159,836.16.

Jurisdiction
Australia
Judgment Date
30 January 2013
Procedural Posture
Claim by Bank for Judgment on a Guarantee / Principal Judgment; Ex Tempore Judgment
Outcome
Judgment against the third defendant in favour of the plaintiff for the amount of $2,159,836.16.
Legal Topics
['guarantee' 'loan Facility' 'judgment for Debt' 'commercial List']
['banking and Finance' 'commercial Law'] ['guarantee' 'loan Facility' 'judgment for Debt' 'commercial List']

Case Brief

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Procedural Posture

Claim by Bank for Judgment on a Guarantee / Principal Judgment; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff bank was entitled to judgment against the third defendant under a written guarantee for the borrower’s indebtedness.']

Ratio Decidendi

Because the third defendant guaranteed the borrower’s obligations, the Bank’s evidence established an indebtedness exceeding the amount claimed, and the third defendant did not appear to contest the claim, the Bank was entitled to judgment against the third defendant for $2,159,836.16.

Court Disposition

Judgment against the third defendant in favour of the plaintiff for the amount of $2,159,836.16.

Orders

  • ['Judgment against the third defendant in favour of the plaintiff for the amount of $2,159,836.16.' 'The orders may be entered forthwith.']