Recent Cases

Govindasamy v Marketlend Pty Ltd [2023] NSWCA 90 (12 May 2023) (Adamson JA at [1]; Simpson AJA at [46]; Basten AJA at [47])


Catchwords:


CONTRACT — deed of settlement — agreement to pay amount due under loan agreements — personal guarantee by appellant liable for debts owing by business to respondent — whether deed legally enforceable — allegation of unconscionable conduct by respondent

PROCEDURE — procedural fairness — failure to comply with directions as to service of affidavits — leave to adduce evidence from further witness refused — possible prejudice to respondent — evidence irrelevant to enforceability of deed