BankWest v Campbell [2013] NSWSC 133

Summary judgment was given for the bank and one of the guarantors then sought to have it set aside on the basis that she had received no notice of the hearing. Her proposed amended defence claimed she had no intention to give a guarantee and a Contracts Review Act defence.

The court did not believe that she had not received notice of the hearing. The court found no evidence for a non est factum defence but found she had a reasonably arguably defence based upon the Contracts Review Act, that she was the subject of unfair pressure by her brother to execute the guarantee. The court’s finding was surprising given she was a shareholder and director in the real estate business carried on by her brother whose debts she had guaranteed and in relation to which, she held the real estate licence but appears to have been based upon the court’s assessment of her as not very “savvy” in business matters and the fact that the bank did not lead any evidence as to explanations given to her about her liability.

The court set aside judgment and permitted an amended defence and cross-claim to be filed.

Click here to read the full judgment.

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