Gemono Pty Ltd v Sarah Alexandra Dougan [2012] NSWSC 152

Gemono Pty Ltd v Sarah Alexandra Dougan [2012] NSWSC 152

The second defendant, having executed the relevant deed in her personal capacity and admitted this in the defence, is liable as guarantor for the amount outstanding under the loan, including principal, accrued interest, and indemnity for costs pursuant to the terms of the agreement.

Jurisdiction
Australia
Judgment Date
28 February 2012
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff against the second defendant in the sum of $2,708,921.69. Declaration of liability for costs and interest on those costs.
Legal Topics
['guarantee of Loan' 'loan Agreements' 'enforcement of Guarantees']
['contract Law'] ['guarantee of Loan' 'loan Agreements' 'enforcement of Guarantees']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the second defendant is liable as guarantor for the outstanding loan and associated costs/interest.']

Ratio Decidendi

The second defendant, having executed the relevant deed in her personal capacity and admitted this in the defence, is liable as guarantor for the amount outstanding under the loan, including principal, accrued interest, and indemnity for costs pursuant to the terms of the agreement.

Court Disposition

Judgment for the plaintiff against the second defendant in the sum of $2,708,921.69. Declaration of liability for costs and interest on those costs.

Orders

  • ['Judgment for the plaintiff against the second defendant Varney Lee Magill in the sum of $2,708,921.69.' 'The second defendant is liable to the plaintiff for the costs and interest on those costs pursuant to contractual arrangements.']