AMR Capital Pty Ltd v Kazim

DISTRICT COURT OF QUEENSLAND

CITATION:

AMR Capital Pty Ltd & Ors v Kazim & Anor [2025] QDC 109

PARTIES:

AMR CAPITAL PTY LTD

(first plaintiff)

and
GARDEZ NOMINEES PTY LTD

(second plaintiff)

and
TY PEGEV PTY LTD

(third plaintiff)

and
GUY PHILIP GREEN

(fourth plaintiff)

and
EVE MYFANWY BENSON

(fifth plaintiff)

and
IAN WALTER BENSON

(sixth plaintiff)

v
ANITA ROSE KAZIM

(first defendant)

and
RONALD MARK REDDICLIFFE

(second defendant)

and
PRESTON LAW

(third party)

FILE NO:

BD2788/24

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

14 August 2025

DELIVERED AT:

Brisbane

HEARING DATE:

14 April 2025

JUDGE:

Jarro DCJ

ORDER:

The application is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS – where the plaintiffs and defendants entered into agreements – where the defendants entered into written guarantees concerning the performance to another – where the plaintiffs entered into a loan agreement where the plaintiffs agreed to advance money to another – where the plaintiffs commenced proceedings against the defendants following alleged default by another – where the defendants pursued a counterclaim and third party proceedings – whether the plaintiffs have no real prospect of succeeding on all or part of their claim – whether there is a need for a trial of the claim or part of the claim

CASES:

Agar v Hyde (2000) 201 CLR 552
Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99
Deputy Commission of Taxation v Salcedo [2005] Qd R 232
Neumann Contractors Pty Ltd v Traspunt No. 5Pty Ltd [2011] 2 Qd R 114
Raging Thunder Pty Ltd v Bank of Western Australia Limited [2012] QSC 329

Rich v CGU Insurance Ltd (2005) 79 ALJR 856

Willmott v McLeay [2013] QCA 84

LEGISLATION:

Competition and Consumer Act 2010 (Cth)
National Consumer Protection Act 2009 (Cth)
Uniform Civil Procedure Rules 1999 (Qld) r 293

COUNSEL:

M E Clarke for the plaintiffs
L V Amerena for the defendants
H Nankivell for the third party

SOLICITORS:

Stratos Legal for the plaintiffs
Linstell Lawyers for the defendants
Carter Newell for the third party

1. This is a summary judgment application brought pursuant to r 293 of the Uniform Civil Procedure Rules 1999 by the first and second defendants who guaranteed money which the plaintiffs lent their father Mr Reddicliffe Senior. The parties entered into a number of documents, including documents described as “Loan RR-02” and “Loan RR-03”.

2. The application is finely balanced because, whilst the initiating proceeding seems not overly complex and is premised by the plaintiffs against the defendants as guarantors following alleged default by Mr Reddicliffe Senior, the defendants pursue a counterclaim alleging breaches of the National Consumer Protection Act 2009 (Cth), the National Credit Code or alternatively the Competition and Consumer Act 2010 (Cth), as well as a third party proceeding against their former lawyers. On the one hand, the applicants submit that the present…