DISTRICT COURT OF QUEENSLAND
CITATION:
Crab and Fish One Pty Ltd v Lindeque [2024] QDC 112
PARTIES:
CRAB AND FISH ONE PTY LTD
(Plaintiff)v
SUSANNA WILHELMINA LINDEQUE
(Defendant)FILE NO:
2078/21
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court
DELIVERED ON:
22 May 2024 (ex tempore)
DELIVERED AT:
Brisbane
HEARING DATE:
20-22 May 2024
JUDGE:
Andreatidis KC DCJ
ORDER:
1. The plaintiff has judgment against the defendant in the sum of $489,753.84, which includes interest to 20 May 2024.
2. The defendant pay the plaintiff’s costs on the standard basis.
3. To the extent that there are reserved costs, I order that the defendant pay the plaintiff those costs.
CATCHWORDS:
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – GUARANTEES – REMEDIES – where the parties entered into a contract for the provision of a short-term loan – where there was default – where the defendant was a guarantor under the loan – where the plaintiff made a demand – where the defendant failed to repay the loan – where a defence was filed that raised certain matters – where those matters had to be addressed despite the defendant’s failure to appear at the trial
PROCEDURE – NON-APPEARANCE BY PARTY – where there were multiple pre-trial reviews and a pre-trial application – where the defendant is located in the United States – where the parties had previously appeared via audio-visual link – where it was directed that the defendant would appear at the trial in person – where, early on the morning of the trial, the defendant emailed the parties and the Court advising she would not be appearing – where the defendant did not request an adjournment or provide any reason for the non-appearance
LEGISLATION
Australian Securities and Investments Commission Act 2001 (Cth)
Competition and Consumer Act 2010 (Cth), sch 2 (Australian Consumer Law)
Corporations Act 2001 (Cth) ss 763A, 766A, 911A
Evidence Act 1977 (Qld) s 92
National Consumer Credit Protection Act 2009 (Cth) sch 1 (National Credit Code) s 5
Trade Practices Act 1974 (Cth)
Uniform Civil Procedure Rules 1999 (Qld) r 476
CASES
Capital Financial Management Pty Ltd v Linfield Developments Pty Ltd [2017] NSWCA 99
Commercial Bank v Amadio (1983) 151 CLR 447
Commonwealth Bank of Australia v Aspenview Productions Pty Ltd [2001] VSC 444
Garcia v National Australia Bank (1998) 194 CLR 395
Kellas-Sharpe v PSAL Limited [2013] 2 Qd R 233
National Australia Bank v Rose [2016] VSCA 169
Orchid Avenue Pty Ltd v Parensky [2015] QSC 207
Perpetual Nominees v McGoldrick (No. 3) [2017] 317 FLR 227
PSAL Ltd v Kellas-Sharpe & Ors [2012] QSC 31
PT Thiess v PT Arutmin Indonesia [2015] QSC 123
Ringrow Pty Ltd v BP Australia Pty Ltd (2005) 224 CLR 656
Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245
Taycon Pty Ltd v Williams [2023] QSC 297
Tricontinental Corp Limited v HDFI Limited (1990) 21 NSWLR 689
COUNSEL:
M Stirling for the plaintiff
No appearance for the defendant
SOLICITORS:
Cosgriff Lawyers for…
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- Case
- [2024] QDC 112
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the defendant, as guarantor, was liable for the default under the loan agreement, and if so, whether any defences raised in the filed defence were valid. Additionally, the court had to address the procedural matter of the defendant's non-appearance at the trial. The court determined that the defendant's non-appearance did not prevent the court from proceeding with the trial, and thus, the substantive issues could be addressed.
In its reasoning, the court found that the defendant was indeed liable for the default under the loan agreement. The defences raised were considered, but found to be without merit. The court concluded that the plaintiff was entitled to the full amount of the loan plus interest, totaling $489,753.84, as well as costs on the standard basis. The court also ordered that any reserved costs be paid by the defendant.
The court's final orders were that the plaintiff, Crab and Fish One Pty Ltd, has judgment against the defendant, Lindeque, in the sum of $489,753.84, inclusive of interest until 20 May 2024. Additionally, the defendant was ordered to pay the plaintiff's costs on the standard basis, as well as any reserved costs.
Orders
Orders of the court
1. The plaintiff has judgment against the defendant in the sum of $489,753.84, which includes interest to 20 May 2024.
2. The defendant pay the plaintiff’s costs on the standard basis.
3. To the extent that there are reserved costs, I order that the defendant pay the plaintiff those costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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