Haider v Gudelj

The appellants, Haider and others, and the respondents, Gudelj and others, were parties to a dispute concerning equitable contribution between guarantors. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the appellants had adequately pleaded equitable defences to a claim for contribution, and whether the conduct of the appellants amounted to a failure to come to equity with clean hands, thereby disentitling them to contribution.

The court considered the principles of equitable contribution between co-guarantors, noting that such a claim is founded on the equitable principle that a surety who has paid more than their proportionate share of a debt is entitled to contribution from co-sureties. The court found that the appellants' pleading of improper conduct was insufficient to establish a defence. Furthermore, the court determined that the conduct relied upon by the appellants did not demonstrate that they had failed to approach the court with clean hands, a prerequisite for equitable relief.

The appeal was dismissed, and the appellants were ordered to pay the costs of the respondents.