Kingsway Group Ltd v Gee Ha Pty Ltd [2011] NSWSC 1355

Kingsway Group Ltd v Gee Ha Pty Ltd [2011] NSWSC 1355

The evidence established that the plaintiff advanced money to the first defendant under the loan agreement and later variations, that the second defendant executed and acknowledged a guarantee covering the original and increased loan obligations, and that the present debt was $4,657,675.51. With no defence or appearance by the second defendant, judgment was entered against him. The first defendant's cross-claim was dismissed because it was disputed and unsupported by any appearance or evidence.

Jurisdiction
Australia
Judgment Date
12 October 2011
Procedural Posture
Civil Contract Claim for Monies Outstanding Under Loans Secured by Deeds of Guarantee / Ex Tempore Judgment
Outcome
Judgment for the plaintiff against the second defendant; second defendant ordered to pay costs; first defendant's cross-claim dismissed.
Legal Topics
['loans' 'deeds of Guarantee and Indemnity' 'default Judgment' 'cross Claim' 'deregistered Company' 'undischarged Bankrupt']
['contract Law' 'civil Procedure' 'bankruptcy'] ['loans' 'deeds of Guarantee and Indemnity' 'default Judgment' 'cross Claim' 'deregistered Company' 'undischarged Bankrupt']

Case Brief

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Procedural Posture

Civil Contract Claim for Monies Outstanding Under Loans Secured by Deeds of Guarantee / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to judgment against the second defendant guarantor for monies outstanding under loans made to the first defendant.' "Whether the first defendant's cross-claim should be dismissed where it was disputed and no appearance or evidence was provided in support of it."]

Ratio Decidendi

The evidence established that the plaintiff advanced money to the first defendant under the loan agreement and later variations, that the second defendant executed and acknowledged a guarantee covering the original and increased loan obligations, and that the present debt was $4,657,675.51. With no defence or appearance by the second defendant, judgment was entered against him. The first defendant's cross-claim was dismissed because it was disputed and unsupported by any appearance or evidence.

Court Disposition

Judgment for the plaintiff against the second defendant; second defendant ordered to pay costs; first defendant's cross-claim dismissed.

Orders

  • ['Judgment for the plaintiff against the second defendant in the sum of $4,657,675.51.' "Second defendant to pay the plaintiff's costs in the proceedings." 'Cross-claim filed by the first defendant dismissed.']