Saints Management Pty Ltd v Jellicoe Pty Ltd and Christopher John Salmon [2016] NSWSC 1453

Saints Management Pty Ltd v Jellicoe Pty Ltd and Christopher John Salmon [2016] NSWSC 1453

The alleged representation limiting the guarantee was not made; there was no estoppel or misleading conduct; the 12-year limitation period applies because the guarantee is a deed; plaintiff is entitled to enforce the guarantee and recover the sum claimed.

Parties
Plaintiff: Saints Management Pty Ltd; First Defendant: Jellicoe Nominees Pty Ltd; Second Defendant: Christopher John Salmon
Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Commercial List / Judgment After Final Hearing
Outcome
Judgment for the plaintiff against the second defendant.
Legal Topics
Guarantee, Limitation of Actions, Contracts Review Act 1980, Misrepresentation, Estoppel
Equity Commercial Law Guarantee Limitation of Actions Contracts Review Act 1980 Misrepresentation Estoppel

Case Brief

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Parties

Saints Management Pty Ltd

Plaintiff

Jellicoe Nominees Pty Ltd

First Defendant

Christopher John Salmon

Second Defendant

Procedural Posture

Commercial List / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the plaintiff's right of recovery under the guarantee is limited by reason of alleged representation
  2. 2 Whether the plaintiff's claim is statute-barred

Ratio Decidendi

The alleged representation limiting the guarantee was not made; there was no estoppel or misleading conduct; the 12-year limitation period applies because the guarantee is a deed; plaintiff is entitled to enforce the guarantee and recover the sum claimed.

Court Disposition

Judgment for the plaintiff against the second defendant.

Orders

  • Judgment entered for the plaintiff against the second defendant in the amount of $2,573,311.25.
  • The defendant is to pay the plaintiff's costs of the proceedings against him.