19 Feb 2015
Summary judgment was dismissed because the defendant adduced sufficient unchallenged affidavit evidence to establish an arguable defence of undue influence given the wide ambit of the cross-guarantee and the familial relationship; unresolved legal uncertainty about applying Etridge versus Wilkinson and factual issues about whether UDC was put on inquiry meant there was a real question to be tried.
11 Apr 2011
The defendants raised an arguable defence regarding whether the Security Agreement signed by Horizon was incorporated into the Loan Schedule so as to permit acceleration; however, their delay in applying to set aside judgment was only modestly explained, and critically setting the judgment aside would not produce practical relief because the loan would in any event have fallen due shortly after the judgment date; on balance there was no miscarriage of justice warranting setting aside, so the application was dismissed.
24 Aug 2009
By consent the court entered summary judgment on the first cause of action: the defendant is liable under his personal guarantee to Blair Street Sports Bar Limited for the principal, contractual interest and contractual costs as quantified by the plaintiff's memorandum; the second cause of action was adjourned for determination of quantum pending sale of the relevant asset.