Toyota Finance Australia Ltd v State Corporation Pty Ltd [2020] NSWSC 1717

Toyota Finance Australia Ltd v State Corporation Pty Ltd [2020] NSWSC 1717

The plaintiff established, by means of a sufficient evidence certificate issued under the relevant Master Fleet Facility Agreement, the legal existence and amount of the second defendant’s debt. There being no dispute by the second defendant and given the guarantee and indemnity provisions, judgment should be entered for the certified sum.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Civil / Assessment of Damages After Default Judgment
Outcome
Judgment for the plaintiff against the second defendant for the assessed damages amount and costs.
Legal Topics
['assessment of Damages' 'guarantees and Indemnities' 'sufficient Evidence Certificates' 'default Judgment']
['equity' 'civil Procedure'] ['assessment of Damages' 'guarantees and Indemnities' 'sufficient Evidence Certificates' 'default Judgment']

Case Brief

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Procedural Posture

Civil / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to damages against the second defendant under the guarantee and indemnity in the Master Fleet Facility Agreement' 'Whether the sufficient evidence certificate is conclusive or sufficient evidence of the debt owed by the second defendant']

Ratio Decidendi

The plaintiff established, by means of a sufficient evidence certificate issued under the relevant Master Fleet Facility Agreement, the legal existence and amount of the second defendant’s debt. There being no dispute by the second defendant and given the guarantee and indemnity provisions, judgment should be entered for the certified sum.

Court Disposition

Judgment for the plaintiff against the second defendant for the assessed damages amount and costs.

Orders

  • ['Damages assessed in the amount of $5,239,431.60 and judgment entered for that sum in favour of the plaintiff against the second defendant.' "Second defendant to pay the plaintiff's costs of the application for assessment of damages."]