Fairfax Radio Network Pty Ltd v Printlane Pty Ltd [2011] NSWDC 148

Fairfax Radio Network Pty Ltd v Printlane Pty Ltd [2011] NSWDC 148

Summary judgment is appropriate because the defendants' pleaded defence consisted of general denials and lacked necessary particulars or triable issues, and the evidence established the debt, authorisation of services, and the enforceable guarantee signed by the director.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Civil / Summary Judgment Application and Final Judgment
Outcome
Judgment for the plaintiff for $201,168.55 plus costs.
Legal Topics
['summary Judgment' 'payment for Services' 'guarantee' 'particulars in Defence' 'case Management']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Summary Judgment Application and Final Judgment

  1. 1 ['Whether the plaintiff is entitled to summary judgment for unpaid advertising services against the defendant company and its director on the basis of a contract and guarantee' 'Whether the defence by the defendants discloses any triable issue or provides sufficient particulars to resist summary judgment']

Ratio Decidendi

Summary judgment is appropriate because the defendants' pleaded defence consisted of general denials and lacked necessary particulars or triable issues, and the evidence established the debt, authorisation of services, and the enforceable guarantee signed by the director.

Court Disposition

Judgment for the plaintiff for $201,168.55 plus costs.

Orders

  • ['Judgment for the plaintiff for the sum of $201,168.55.' "Defendants pay plaintiff's costs." 'Exhibits remain with the file for 28 days.' 'Plaintiff to notify the defendants of the proposed application to seek a lump sum cost order in lieu of assessed costs by 5.00pm on the day of judgment; any such application to...