Visvalingam Pty Ltd v Vitarag Pty Ltd [2021] NSWDC 364

Visvalingam Pty Ltd v Vitarag Pty Ltd [2021] NSWDC 364

The documentary evidence, especially the regular and consistent letters of confirmation signed on behalf of Vitarag, establishes that Vitarag Pty Ltd was the borrower and is liable to repay the loan per its terms.

Jurisdiction
Australia
Judgment Date
05 July 2021
Procedural Posture
Civil / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff against the first defendant.
Legal Topics
['loan Agreements' 'identification of Borrower' 'repayment Obligations']
['contract Law'] ['loan Agreements' 'identification of Borrower' 'repayment Obligations']

Case Brief

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Procedural Posture

Civil / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Vitarag Pty Ltd was the borrower under a loan agreement and liable for repayment']

Ratio Decidendi

The documentary evidence, especially the regular and consistent letters of confirmation signed on behalf of Vitarag, establishes that Vitarag Pty Ltd was the borrower and is liable to repay the loan per its terms.

Court Disposition

Judgment for the plaintiff against the first defendant.

Orders

  • ['Judgment for the plaintiff against the first defendant in the sum of $175,546.91.' "First defendant to pay the plaintiff's costs." 'Liberty to either party to apply in respect of order (2) by email to my associate within seven days.']