Fundit Limited in its capacity as trustee of the Banjo Small Business Loan Fund v Kocak [2026] NSWSC 1034

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 – n o appearance or defence filed by first defendant – plaintiff entitled to judgment by default Supreme Court New South Wales 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 L imited 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 – n o 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 JUDGMENT HIS HONOUR : By its statement of claim filed on 19 August 2025, Fundit L imited claimed $264,451.45 from Sukru Kocak, the first defendant . Fundit L imite d alleges that on or about 22 March 2024, it agreed to lend TG Canberra Pty L imited ( “ the borrower ” ) $280,000 .00 in accordance with the terms of a loan agreement bearing that date. In consideration of Fundit L imi t e d 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 L imi t e d at the time of commencing these proceedings was $264,451.45. No payments have been made in reduction of that amount by the borrower o r Sukru Kocak . T he whole amount remains outstanding. On 12 June 2026, Fundit L imited 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 L imi t e d 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 L imited for $285,535.43. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 28 August 2026