Kizmann v De Maine (No 2)

In the case of Kizmann v De Maine, the plaintiff, Mr. Kizmann, sought to recover money owed by the first defendant, Mr. De Maine, for five loans that were made to Mr. De Maine. The central dispute in the case was whether these loans were made to Mr. De Maine in his personal capacity or on behalf of his company. The case was heard in the Supreme Court of New South Wales. The court was required to determine whether Mr. De Maine had made a valid agreement with the plaintiff to repay the loans and if the written agreement that Mr. De Maine signed with the plaintiff's company was a genuine agreement or a sham.

The court examined the nature of the relationship between the parties and whether the loans were made for personal reasons or for business purposes. The court also considered the circumstances under which the written agreement was signed and whether it was intended to secure the release of funds from a foreign bank. Ultimately, the court found that the written agreement was a sham, and the loans were made to Mr. De Maine in his personal capacity. The court ordered that judgment be entered in favour of the plaintiff for the sum of $858,767.46, plus interest, and that the first defendant pay the plaintiff's costs. The court also directed the parties to provide a statement as to their agreed or competing positions concerning interest within 14 days.