Commonwealth Bank of Australia -v- Jaimie Royston Fuller

EX TEMPORE Judgment

1. [1]

   Under a Letter of Offer incorporating the terms and conditions of loan, dated 18 July 2005, the Bank of Western Australia Limited (now the Commonwealth Bank of Australia ("the Bank"), pursuant to a Certificate of Transfer dated 7 September 2012 under the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth)) lent and advanced monies to Master Property Holdings Pty Limited ACN 100 800 351.

2. [2]

   The initial advance was for $3,540,000. The Letter of Offer was varied by written variations dated respectively 19 August 2006, 3 November 2006, 18 June 2007, 11 September 2007 and 22 January 2009, all of which were assented to on or about the dates they bear by the third defendant.

3. [3]

   The third defendant, Mr Jaimie Royston Fuller, guaranteed the obligations to the Bank of Master Property Holdings Pty Limited under a written guarantee dated 21 July 2005. The Bank claims, by its Summons and Commercial List Statement, $2,159,836.16 plus interest and costs.

4. [4]

   An affidavit of a bank officer, Mr Charles James Fletcher Perry, sworn 29 January 2013, establishes that the third defendant is indebted to the Bank in the sum of $2,199,850.64 and through which is tendered a certificate by the Bank under cl 7.12 of the guarantee certifying this amount.

5. [5]

   The third defendant filed a Commercial List Response but, despite being called outside of Court, did not appear today.

6. [6]

   The Bank is accordingly entitled to judgment for the amount prayed in its Summons (which is less than the amount owing as established by the Certificate).

7. [7]

   I make orders in accordance with the document entitled Judgment which I have dated, initialled and placed with the papers.

8. [8]

   The orders may be entered forthwith.

9. [9]

   Useful written submissions were provided by counsel for the Bank which I will initial, date today's date and also place with the papers.