Onsite Rental Group Operations Pty Ltd v Browne

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ONSITE RENTAL GROUP OPERATIONS PTY LTD -v- BROWNE [2014] WADC 73



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2014] WADC 73
Case No:CIV:2412/201224-25 & 27 FEBRUARY 2014
Coram:GOETZE DCJ23/05/14
PERTH
31Judgment Part:1 of 1
Result: Judgment for the plaintiffs in the sum of $279,659.17
PDF Version
Parties:ONSITE RENTAL GROUP OPERATIONS PTY LTD
ONSITE INDUSTRIAL RENTALS AUSTRALIA PTY LTD
ONSITE RENTALS PTY LTD
GREGORY BRIAN BROWNE

Catchwords:

Debt owed by corporation
Guarantee from director
Correct identity of creditor
Whether guarantee varied by allowing principal debtor to hire in excess of estimated monthly amount on credit application and by creditor extending payment terms beyond that specified thereby increasing risk of guarantor
Whether provision in guarantee for revocation complied with
Turns on own facts

Legislation:

Nil

Case References:

Alinta 2000 Ltd v Petkov [2012] WASCA 258
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd [1987] HCA 15; (1987) 162 CLR 549
Hickory Developments Pty Ltd v Brunswick Retail Investment Pty Ltd [2012] VSC 224
La Rosa v Nudrill Pty Ltd [2013] WASCA 18
Rinaldi & Parroni Pty Ltd v Precision Holdings Pty Ltd [1986] WAR 131


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : ONSITE RENTAL GROUP OPERATIONS PTY LTD -v- BROWNE [2014] WADC 73 CORAM : GOETZE DCJ HEARD : 24-25 & 27 FEBRUARY 2014 DELIVERED : 23 MAY 2014 FILE NO/S : CIV 2412 of 2012 BETWEEN : ONSITE RENTAL GROUP OPERATIONS PTY LTD
    ONSITE INDUSTRIAL RENTALS AUSTRALIA PTY LTD
    ONSITE RENTALS PTY LTD
    Plaintiffs

    AND

    GREGORY BRIAN BROWNE
    Defendant

Catchwords:

Debt owed by corporation - Guarantee from director - Correct identity of creditor - Whether guarantee varied by allowing principal debtor to hire in excess of estimated monthly amount on credit application and by creditor extending payment terms beyond that specified thereby increasing risk of guarantor - Whether provision in guarantee for revocation complied with - Turns on own facts

Legislation:

Nil

Result:

Judgment for the plaintiffs in the sum of $279,659.17


Representation:

Counsel:


    Plaintiffs : Mr J M Healy
    Defendant : Mr A P Rumsley

Solicitors:

    Plaintiffs : Culshaw Miller Lawyers
    Defendant : Alan Rumsley


Case(s) referred to in judgment(s):

Alinta 2000 Ltd v Petkov [2012] WASCA 258
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd [1987] HCA 15; (1987) 162 CLR 549
Hickory Developments Pty Ltd v Brunswick Retail Investment Pty Ltd [2012] VSC 224
La Rosa v Nudrill Pty Ltd [2013] WASCA 18
Rinaldi & Parroni Pty Ltd v Precision Holdings Pty Ltd [1986] WAR 131
    GOETZE DCJ:




Introduction

1 The defendant, Mr Gregory Brian Browne, is and was at all material times, the sole director and secretary of Field Camp Services Pty Ltd.

2 On 22 October 2009, Mr Browne completed a pro forma commercial credit application on behalf of Field Camp Services seeking an ongoing trade credit facility from one company within a group of companies and which company, for…

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Details
Case
[2014] WADC 73
Decision Date

CaseChat Overview and Summary

Onsite Rental Group Operations Pty Ltd and others sued Mr Gregory Brian Browne for outstanding debts owed by Field Camp Services. Mr Browne had given a personal guarantee of the debts of Field Camp Services. The trial raised a number of issues, including the identity of the companies involved, the effect of variations to the terms of the credit facility and guarantee, and the validity of the revocation of the guarantee. The court found that the guarantee was valid and enforceable, and that Mr Browne was liable for the outstanding debts of Field Camp Services. The court rejected Mr Browne's arguments that the guarantee had been varied or revoked, and found that he had knowledge of the debts and had not objected to the variations in the credit terms. The court also found that the plaintiffs had established the correct identity of the companies involved, and that the guarantee was given to Onsite Rentals Pty Ltd. The court ordered Mr Browne to pay the outstanding debts of Field Camp Services, plus interest, to Onsite Rentals Pty Ltd.

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