Palindrome Holdings Pty Ltd v Wass [2009] NSWSC 797

Palindrome Holdings Pty Ltd v Wass [2009] NSWSC 797

On the pleaded and evidentiary material, there is no reasonable cause of action because any guarantee (if proven) arose upon the principal debtor's default on 12 August 1999, with no demand required, and the proceedings were commenced outside the six-year limitation period. Therefore, the proceedings are dismissed pursuant to Rule 13.4 of the UCPR as statute barred.

Parties
Plaintiff: Palindrome Holdings Pty Ltd; Defendant: Ian Phillip Wass
Jurisdiction
Australia
Judgment Date
01 September 2009
Procedural Posture
Civil / Interlocutory/summary Dismissal Application
Outcome
Proceedings dismissed
Legal Topics
Construction and Effect of Guarantee, Requirement for Demand, Personal Liability of Directors, Summary Dismissal, Limitation Period and Accrual of Cause of Action
Guarantee and Indemnity Limitation of Actions Civil Procedure Corporations Construction and Effect of Guarantee Requirement for Demand Personal Liability of Directors Summary Dismissal +1 more

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 6 Authorities cited 20 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Palindrome Holdings Pty Ltd

Plaintiff

Ian Phillip Wass

Defendant

Procedural Posture

Civil / Interlocutory/summary Dismissal Application

Legal Issues

  1. 1 Whether there is sufficient evidence the defendant entered into a guarantee
  2. 2 Whether any claim under a guarantee is statute barred by limitation period
  3. 3 Whether proceedings should be dismissed for want of due dispatch

Ratio Decidendi

On the pleaded and evidentiary material, there is no reasonable cause of action because any guarantee (if proven) arose upon the principal debtor's default on 12 August 1999, with no demand required, and the proceedings were commenced outside the six-year limitation period. Therefore, the proceedings are dismissed pursuant to Rule 13.4 of the UCPR as statute barred.

Court Disposition

Proceedings dismissed

Orders

  • Dismiss the proceedings.
  • Plaintiff to pay the costs of the motion and the proceedings.