Silver Chef Rendals v Makong Australia

Citation: Silver Chef Rentals Pty Ltd v Makong Australia Pty Ltd [2019] VSC 703

Court: Supreme Court of Victoria

Judge: Justice Sloss

Date: 23 October 2019

Keywords (from judgment):

PRACTICE AND PROCEDURE – Application for summary judgment …

CONTRACTS AND GUARANTEES – Where plaintiff entered into rental and lease agreements with the first defendant – Second defendant provided guarantees to the plaintiff in respect of the first defendant’s obligations under the lease agreements – Default of payment obligations under each of the rental agreements by first defendant – Default of payment obligations under each of the lease agreements by first defendant and second defendant – Certificates of indebtedness issued by the plaintiff under the respective agreements – Whether the certificates sufficiently evidence the indebtedness of the defendants to the plaintiff – Construction of certificate provisions …

CONTRACTS – Penalties – Whether liquidated damages clauses in rental and lease agreements constituted penalties – Onus of establishing a contractual stipulation is a penalty rests with the party asserting it – Whether defendants demonstrated liquidated damages clauses in rental and lease agreements constituted penalties – Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525 – Arab Bank Australia Ltd v Sayde Developments Pty Ltd [2016] NSWCA 328; (2016) 93 NSWLR 231 – Australia Capital Finance Management Pty Ltd v Linfield Developments Pty Ltd [2017] NSWCA 99.