New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Guarantee


  1. 20/04/2015
    Guarantee: construction of indemnity; whether the appellant is entitled to the costs of these proceedings on the basis that it has suffered “losses” under the indemnity
    Caltex Australia Petroleum Pty Ltd v Troost (No 2)  [2015] NSWCA 103
  2. 23/03/2015
    Guarantee: construction of indemnities; whether a section of a loan application form entitled “Guarantee and Indemnity by Directors”, which was divided into two columns with two signature blocks, gave rise to both a guarantee and an indemnity where only one signature block was signed; whether, therefore, the appellant was bound by the indemnity; discharge from indemnities; whether a material variation of the terms of the principal obligations discharged the appellant in circumstances where the principal contract contemplated amendment; whether the creditor’s failure to perfect security for the debtor’s indebtedness discharged the appellant; whether the creditor’s unilateral increase of the credit limit and its granting of extensions of time to the debtor discharged the appellant; whether the appellant’s liability was limited by reference to his time as a director, in circumstances where the appellant signed the indemnity in his capacity as a director; appeal allowed
    Caltex Australia Petroleum Pty Ltd v Troost  [2015] NSWCA 64
  3. 12/02/2014
    Guarantee: indemnities; obligation on contractor to indemnify principal for failure to insure the principal; obligation imposed in respect of all liabilities of the contractor and principal and contractor’s subcontractors to each other and to third parties
    GIO General Limited v Centennial Newstan Pty Ltd  [2014] NSWCA 13
  4. 28/06/2012
    Guarantee: Discharge of surety; where security given for guaranteed obligations; whether later covenant affects security so as to discharge guarantors.
    Pritchard v DJZ Constructions Pty Ltd & Ors; Gilles & Anor v DJZ Constructions Pty Ltd & Ors  [2012] NSWCA 196
  5. 15/09/2011
    Guarantee: Whether guarantee assigned with principal debt; whether notices of assignment given under s 12 of the Conveyancing Act 1919 (NSW) are sufficient evidence of assignment of guarantee
    Property Builders Pty Limited v Adelaide Bank Limited  [2011] NSWCA 266
  6. 08/09/2011
    Guarantee: Whether primary judge erred in finding that the appellants promised for consideration to sign forms of guarantee; whether form of guarantee of obligations under building contract covered oral variations to building work when building contract required variations to be agreed in writing
    Xu v Jinhong Design & Constructions Pty Ltd  [2011] NSWCA 277
  7. 02/09/2011
    Guarantee: "Asset lending"; deed of guarantee and mortgage by parents of borrower; parents obtained no benefit from transaction; failure of lender to make enquiries concerning ability of parents to repay in event of default; Contracts Review Act 1980 (NSW), ss 7 and 9; whether contract is unjust in all the circumstances of the case; whether in the circumstances it is just to grant relief
    Fast Fix Loans Pty Ltd v Samardzic  [2011] NSWCA 260
  8. 20/06/2011
    Guarantee: Construction; whether bank owed guarantors a contractual obligation to maintain confidentiality; BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266; whether the breach of confidentiality by bank had the effect of discharging the appellants from their liability under various guarantees; Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549
    Brighton v Australia and New Zealand Banking Group Ltd  [2011] NSWCA 152
  9. 11/03/2011
    Guarantee: Whether contract of guarantee imposed liability greater than that of principal debtor
    Cooper v Kinsella  [2011] NSWCA 45