Bentley & Anor v Bearing Traders Pty Ltd & Anor [2003] NSWSC 369
A serious question to be tried exists as to whether the First Defendant’s conduct in asserting the plaintiffs’ liability as guarantors is misleading and deceptive when signatures are arguably forged, and the balance of convenience favours granting an interlocutory injunction to restrain such assertions until trial.
- Jurisdiction
- Australia
- Judgment Date
- 17 April 2003
- Procedural Posture
- Civil / Interlocutory Injunction
- Outcome
- Interlocutory injunction granted
- Legal Topics
- ['interlocutory Injunction' 'misleading or Deceptive Conduct' 'guarantee Liability' 'credit Rating Publication']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Civil / Interlocutory Injunction
Legal Issues
- 1 ['Whether the plaintiffs are liable as guarantors for the trading accounts of Minfox Pty Limited with the First Defendant' "Whether statements made to credit reporting agencies concerning the plaintiffs' alleged guarantee obligations are misleading or deceptive under s.52 Trade Practices Act 1974 (Cth)" 'Balance of convenience regarding granting an injunction']
Ratio Decidendi
A serious question to be tried exists as to whether the First Defendant’s conduct in asserting the plaintiffs’ liability as guarantors is misleading and deceptive when signatures are arguably forged, and the balance of convenience favours granting an interlocutory injunction to restrain such assertions until trial.
Court Disposition
Interlocutory injunction granted
Orders
- ['The First Defendant is restrained from asserting the plaintiffs are liable on guarantees of accounts in default.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment