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[2025] NSWSC 1191
General information, not legal advice.
Supreme Court of NSW
2025-10-10
Parker J
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: GI 417 Pty Ltd v Quinn [2025] NSWSC 1191
Hearing dates: 10 October 2025
Date of orders: 10 October 2025
Decision date: 10 October 2025
Jurisdiction: Equity
Before: Parker J
Decision: See [7]
Catchwords: GUARANTEE AND INDEMNITY — Actions to enforce guarantee — Guarantors liability – undefended claim – judgment for the Plaintiff
Legislation Cited: Nil
Cases Cited: Nil
Texts Cited: Nil
Category: Principal judgment
Parties: Principal proceedings
GI 417 Pty Limited (Plaintiff)
Simon John Quinn (First Defendant)
AFSH Nominees Pty Limited (Second Defendant)
Cross-claim filed 12 April 2024
Simon John Quinn (Cross-claimant)
GI 417 Pty Limited (Cross-defendant)
Representation: Counsel:
P Newton (Plaintiff/Cross-defendant)
Solicitors:
ERA Legal (Plaintiff/Cross-claimant)
Matthew Dalton Lawyers (First Defendant)
File Number(s): 2023/200460
Publication restriction: Nil
These proceedings arise out of a guarantee given by the first defendant to the plaintiff in support of the liabilities of a company named 301 Castlereagh Street Pty Limited, with which the first defendant, Mr Quinn, was at one point associated.
The guarantee agreement contains a provision pursuant to which Mr Quinn charged assets held in his name as security for his obligations as guarantor. The provision included assets held on trust. The plaintiff’s main purpose in bringing these proceedings is to enforce that charge against a property owned by Mr Quinn at Jindabyne which he holds as trustee of a discretionary trust. Mr Quinn has disputed that the charge extends to the property, or that, if it does, that it is enforceable.
The proceedings were commenced by summons, and a cross-claim has been filed going to the charge issue. The matter is fixed for hearing before me next month. Mr Quinn’s solicitors have recently given notice of ceasing to act, but remain, for the moment, on the record.
There has never been any dispute on Mr Quinn's part as to his personal liability under the guarantee. When the matter was before the Court a week ago, Mr Cerne, solicitor, appearing for Mr Quinn, conceded that there was no reason why judgment should not be given against Mr Quinn personally for the amount owing under the guarantee.
When the matter came on today, I was provided with an affidavit from the plaintiff which quantifies the amount owing as $12,548,768. Accordingly, there will be judgment for the plaintiff against Mr Quinn in that amount.
The remaining claims for relief in the proceedings, and the cross-claim, if ultimately pressed, will be dealt with at the November hearing.
The order of the Court is:
Judgment be entered in favour of the plaintiff against the first defendant in the sum of $12,548,768.
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Error on cover page
GI 417 Pty Ltd
Quinn [2025] NSWSC 1191