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[2026] NSWSC 1034
Supreme Court of NSW
2026-08-28
Harrison AJ
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Fundit Limited in its capacity as trustee of the Banjo Small Business Loan Fund v Kocak [2026] NSWSC 1034
Hearing dates: 28 August 2026
Date of orders: 28 August 2026
Decision date: 28 August 2026
Jurisdiction: Equity - Real Property List
Before: Harrison AJ
Decision: Judgment for Fundit Limited for $285,535.43.
Catchwords: DEFAULT JUDGMENT – monies lent to borrower pursuant to loan agreement – first defendant guaranteed obligations of the borrower – borrower defaulted in payment of the loan – no appearance or defence filed by first defendant – plaintiff entitled to judgment by default
Category: Procedural rulings
Parties: Fundit Limited (Plaintiff)
Sukru Kocak (First Defendant)
Representation: Solicitors:
Francom Legal (Plaintiff)
File Number(s): 2025/318007
Publication restriction: Nil
HIS HONOUR: By its statement of claim filed on 19 August 2025, Fundit Limited claimed $264,451.45 from Sukru Kocak, the first defendant.
Fundit Limited alleges that on or about 22 March 2024, it agreed to lend TG Canberra Pty Limited (“the borrower”) $280,000.00 in accordance with the terms of a loan agreement bearing that date. In consideration of Fundit Limited entering into the loan agreement and advancing the monies to the borrower, Sukru Kocak agreed in writing unconditionally and irrevocably to guarantee and indemnify the plaintiff in respect of the due and punctual performance of the borrower’s obligations under the loan agreement.
The borrower defaulted under the loan agreement. The amount owing to Fundit Limited at the time of commencing these proceedings was $264,451.45. No payments have been made in reduction of that amount by the borrower or Sukru Kocak. The whole amount remains outstanding.
On 12 June 2026, Fundit Limited filed a notice of motion seeking judgment by default against Sukru Kocak. The application is supported by an affidavit sworn by Timothy Morosoli on 4 June 2026. Mr Morosoli deposes to the fact, among others, that the amount owing to Fundit Limited as at the date of swearing his affidavit is as follows:
Current amount owing $264,451.45
Interest claimed at the prescribed rate under section 100 of the Civil Procedure Act 2005 (NSW) $16,157.98
Filing fees $3,699.00
Service fees $128.00
Solicitors fees $1,099.00
TOTAL $285,535.43
Sukru Kocak has neither filed or served a notice of appearance nor any defence in the proceedings.
His Honour Pike J made orders on 28 May 2026 dismissing the claim against the second defendant with no order as to costs.
Sukru Kocak was served with the statement of claim commencing these proceedings on 23 October 2025. He did not appear when the proceedings were called on before me today.
In these circumstances I make the following order:
Judgment for Fundit Limited for $285,535.43.
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Fundit Limited in its capacity as trustee of the Banjo Small Business Loan Fund
Kocak