St George Bank Limited v Archer Philip Field [2007] NSWSC 902

St George Bank Limited v Archer Philip Field [2007] NSWSC 902

The amended commercial list response was struck out due to complete non-compliance with Practice Note SC Eq 3; no arguable defence was raised that was not expressly precluded by the guarantee’s contractual terms, which were enforceable per the authorities cited; accordingly, summary judgment in favour of the plaintiff was warranted.

Jurisdiction
Australia
Judgment Date
08 August 2007
Procedural Posture
Commercial List Proceeding / Application for Summary Judgment and Motion to Strike Out Amended Commercial List Response
Outcome
Amended commercial list response struck out; summary judgment entered for the plaintiff; costs awarded to the plaintiff.
Legal Topics
['summary Judgment' 'strike Out Pleading' 'guarantee and Indemnity' 'practice Note SC Eq 3' 'defences to Guarantee']
['practice and Procedure' 'banking and Finance' 'equity'] ['summary Judgment' 'strike Out Pleading' 'guarantee and Indemnity' 'practice Note SC Eq 3' 'defences to Guarantee']

Case Brief

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Procedural Posture

Commercial List Proceeding / Application for Summary Judgment and Motion to Strike Out Amended Commercial List Response

Legal Issues

  1. 1 ['Whether the amended commercial list response should be struck out for non-compliance with Practice Note SC Eq 3' 'Whether the plaintiff is entitled to summary judgment on the guarantee and indemnity' 'Whether the defendant is entitled to raise certain defences to the guarantee']

Ratio Decidendi

The amended commercial list response was struck out due to complete non-compliance with Practice Note SC Eq 3; no arguable defence was raised that was not expressly precluded by the guarantee’s contractual terms, which were enforceable per the authorities cited; accordingly, summary judgment in favour of the plaintiff was warranted.

Court Disposition

Amended commercial list response struck out; summary judgment entered for the plaintiff; costs awarded to the plaintiff.

Orders

  • ['The amended commercial list response filed on 26 July 2007 is struck out.' 'Judgment entered in favour of the plaintiff in the sum of $6,800,632.72, together with interest on the principal component from 2 August 2007 until the date of entry of judgment.' 'Exhibits to remain with the papers for 28 days, to be held...