Bank of Queensland v Wright [2014] QSC 67

The bank sought summary judgment against a husband and wife, who both guaranteed their company’s borrowings.

The court gave summary judgment against the husband but not the wife. The court said:

The fundamental weakness of her Wife’s Equity defence rests in her being a shareholder with her husband in the borrower company. But I consider that case just passes the threshold where the facts should be explored at a trial.

However the court imposed a condition permitting the wife to run a weak defence, namely the payment into court of $200,000, equating to the four months’ interest until trial.

 

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