Orion Funds Pty Limited v Quinn [2024] NSWSC 1392

Orion Funds Pty Limited v Quinn [2024] NSWSC 1392

The defendant's proposed amended defence did not disclose any reasonable defence to the claim under the guarantee; any reduction in liability by reason of sale of secured property was accepted and did not present a defence to immediate judgment in the reduced sum. The prerequisites for summary judgment were satisfied, and there was no real question to be tried as to the defendant's liability for the amount as at the judgment date.

Parties
Plaintiff: Orion Funds Pty Limited; Defendant: Simon John Quinn
Jurisdiction
Australia
Judgment Date
04 November 2024
Procedural Posture
Summary Judgment Application / Final Orders and Summary Judgment
Outcome
Plaintiff granted summary judgment in the sum of $3,823,846.06; defendant's notice of motion dismissed; costs awarded to plaintiff for the defendant's notice of motion; other plaintiff relief dismissed.
Legal Topics
Summary Judgment, Guarantee Enforcement, Leave to Amend Defence, Application of Proceeds From Sale, No Reasonable Defence
Civil Procedure Guarantees Secured Transactions Summary Judgment Guarantee Enforcement Leave to Amend Defence Application of Proceeds From Sale No Reasonable Defence

Case Brief

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Parties

Orion Funds Pty Limited

Plaintiff

Simon John Quinn

Defendant

Procedural Posture

Summary Judgment Application / Final Orders and Summary Judgment

Legal Issues

  1. 1 Whether the defendant disclosed a reasonable defence against the claim under the guarantee
  2. 2 Whether summary judgment should be granted to the plaintiff
  3. 3 Whether leave to file the amended defence should be granted

Ratio Decidendi

The defendant's proposed amended defence did not disclose any reasonable defence to the claim under the guarantee; any reduction in liability by reason of sale of secured property was accepted and did not present a defence to immediate judgment in the reduced sum. The prerequisites for summary judgment were satisfied, and there was no real question to be tried as to the defendant's liability for the amount as at the judgment date.

Court Disposition

Plaintiff granted summary judgment in the sum of $3,823,846.06; defendant's notice of motion dismissed; costs awarded to plaintiff for the defendant's notice of motion; other plaintiff relief dismissed.

Orders

  • The defendant's notice of motion filed on 16 October 2024 is dismissed.
  • The defendant is to pay the plaintiff's costs of the defendant's notice of motion filed on 16 October 2024.