GoGetta Equipment Funding Pty Ltd v Dun-Movin' Holdings Pty Ltd

The case of GoGetta Equipment Funding Pty Ltd v Dun-Movin' Holdings Pty Ltd involves a claim for unpaid rental arrears by the plaintiff, GoGetta Equipment Funding, against the second and third defendants who had guaranteed the rental contracts between GoGetta and the first defendant, Dun-Movin' Holdings. The defendants, represented by Ms Campbell and the third defendant, argued various defences including the invalidity of the contracts, termination of the contracts, their non-involvement as guarantors, the unfairness of certain contract terms, and an underestimation of their liability due to GST. The primary legal issues included whether the defendants were liable as guarantors, whether the contracts were terminated, whether any contract terms were unfair, and if the defendants owed the full amount claimed by the plaintiff.

The court considered the evidence and submissions from both parties, ruling certain communications as inadmissible due to without prejudice privilege. It found the contracts valid, confirmed the defendants' role as guarantors, and held that the contracts were not terminated until 1 August 2023. The court also determined that none of the contested clauses were unfair terms under the Australian Consumer Law and that the plaintiff's claim for GST did not reduce the amount owed. Ultimately, the court held that the second and third defendants were liable for the full amount claimed by the plaintiff, totaling $1,543,699.11 plus pre-judgment interest.

The court ordered the second and third defendants to pay the plaintiff the sum of $1,543,699.11 plus pre-judgment interest calculated from 1 August 2023 to the date of judgment in the amount of $224,396.76. The court will hear further submissions from the parties regarding costs, noting that the claim seeks indemnity costs under the contracts.