Commonwealth Bank of Australia & Anor v John Horvat & Ors [2012] NSWSC 243

Commonwealth Bank of Australia & Anor v John Horvat & Ors [2012] NSWSC 243

The first and third defendants did not establish any arguable defence; the evidence shows debts due remain unpaid and the guarantees are clear as to the liability involved. Accordingly, summary judgment is granted in favour of the plaintiffs for the amounts claimed, possession of the secured property is ordered, and costs are awarded on an indemnity basis.

Jurisdiction
Australia
Judgment Date
16 March 2012
Procedural Posture
Application for Summary Judgment / Final Determination; Orders Made After Hearing
Outcome
Summary judgment for the plaintiffs against the first and third defendants; orders for possession and indemnity costs.
Legal Topics
['summary Judgment' 'guarantees' 'mortgage Possession' 'discharge of Liabilities']
['practice and Procedure' 'banking and Finance Law'] ['summary Judgment' 'guarantees' 'mortgage Possession' 'discharge of Liabilities']

Case Brief

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Procedural Posture

Application for Summary Judgment / Final Determination; Orders Made After Hearing

Legal Issues

  1. 1 ['Whether first and third defendants have any arguable defence to claims under guarantees and loan facilities' 'Whether summary judgment should be granted for the amounts claimed' 'Whether defendants’ liabilities have been discharged' 'Plaintiffs’ entitlement to possession of security property and costs']

Ratio Decidendi

The first and third defendants did not establish any arguable defence; the evidence shows debts due remain unpaid and the guarantees are clear as to the liability involved. Accordingly, summary judgment is granted in favour of the plaintiffs for the amounts claimed, possession of the secured property is ordered, and costs are awarded on an indemnity basis.

Court Disposition

Summary judgment for the plaintiffs against the first and third defendants; orders for possession and indemnity costs.

Orders

  • ['Judgment in favour of the first plaintiff against the first defendant for $2,337,610.88.' 'Judgment in favour of the first plaintiff against the first defendant for $427,718.06.' 'Judgment in favour of the second plaintiff against the first defendant for $75,691.35.' 'Judgment in favour of the first plaintiff...