Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd) [2018] NSWCA 105

Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd) [2018] NSWCA 105

The appeal turned wholly on credibility and findings of fact as to the timing of execution of the loan agreement and the appellant's liability as guarantor. The trial judge's adverse credibility assessment of the appellant was justified and not displaced by incontrovertible facts or compelling contrary inferences. The agreement was executed at the time of the loan advance, and the appellant was liable as guarantor; the primary judge's decision exhibits no error justifying intervention.

Jurisdiction
Australia
Judgment Date
22 May 2018
Procedural Posture
Appeal / Court of Appeal, Decision
Outcome
Appeal dismissed
Legal Topics
['appeal' 'findings of Fact' 'credibility' 'guarantee and Execution of Loan Agreement' 'consideration']
['contract Law' 'guarantees and Securities' 'civil Procedure'] ['appeal' 'findings of Fact' 'credibility' 'guarantee and Execution of Loan Agreement' 'consideration']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Court of Appeal, Decision

Legal Issues

  1. 1 ['Whether the loan agreement was executed at the time alleged by the respondent or months later as alleged by the appellant' 'Whether there was consideration for the guarantee in the loan agreement' 'Credibility of witnesses regarding execution and terms of the loan agreement']

Ratio Decidendi

The appeal turned wholly on credibility and findings of fact as to the timing of execution of the loan agreement and the appellant's liability as guarantor. The trial judge's adverse credibility assessment of the appellant was justified and not displaced by incontrovertible facts or compelling contrary inferences. The agreement was executed at the time of the loan advance, and the appellant was liable as guarantor; the primary judge's decision exhibits no error justifying intervention.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' "Appellant to pay respondent's costs of the appeal"]