Steffan v North Queenland Fuel Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: Steffan & Anor v North Queenland Fuel PTY LTD & Anor [2018] QDC 261 PARTIES: WERNER STEFFEN & CHRISTINA STEFFEN (plaintiffs) v NORTH QUEENSLAND FUEL PTY LTD (ACN 101 887 941) (first defendant) AND DREW KELLAHAN (second defendant) FILE NO/S: 127 of 2018 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court at Cairns DELIVERED ON: 13 December 2018 DELIVERED AT: Brisbane HEARING DATE: 29 November 2018 JUDGE: Clare SC DCJ ORDER: 1.    The plaintiffs’ application for summary judgment in respect of the claim against the first defendant is granted. The first defendant is to pay the plaintiffs $84,275.87 ( including $6,275.87 interest) 2.    The plaintiff’s application for summary judgment in respect of the claim against the second defendant is refused.  CATCHWORDS: PROCEDURE – PROCEDURE UNDER UNIFORMCIVIL PROCEDURE RULES–SUMMARY JUDGMENT – Where the plaintiffs apply forsummary judgment pursuant to r 292 of the Uniform CivilProcedure Rules 1999 in respect of their claim against the first defendant for non repayment of a loan, and against the second defendant as guarantor – Where loan contract admitted – where guarantee disputed for want of consideration and acceptance COUNSEL: Mr D Topp for the Plaintiffs Mr C Ryall for the first and second defendants SOLICITORS: O’Connor Law for the plaintiffs This was an application by the plaintiffs for summary judgment. Key facts were not controversial.  The plaintiffs loaned the first defendant, North Queensland Fuel Pty Ltd, $ 100,000.  The second defendant, Drew Kellahan negotiated the loan for the company and...