PURCELL v SPROULE [1998] NSWCA 177

PURCELL v SPROULE [1998] NSWCA 177

The deed contains a clear promise to pay by each borrower; whether the appellant was a principal debtor or guarantor made no difference to his liability under the deed as determined by the manner in which the matter was pleaded and determined below. The appeal was not justified on either ground raised by the appellant.

Parties
Appellant: Brian Gerald Purcell; Respondent: Reginald Norris Sproule; Borrower: Vesodi Pty Ltd; Borrower: Leigh Randell
Jurisdiction
Australia
Judgment Date
10 November 1998
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Loan Agreements, Guarantees, Construction of Contracts
Contract Law Loan Agreements Guarantees Construction of Contracts

Case Brief

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Parties

Brian Gerald Purcell

Appellant

Reginald Norris Sproule

Respondent

Vesodi Pty Ltd

Borrower

Leigh Randell

Borrower

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is liable under the deed of agreement as a principal debtor or only as a guarantor
  2. 2 Whether the appellant is liable to pay interest at 17% p.a. under the agreement

Ratio Decidendi

The deed contains a clear promise to pay by each borrower; whether the appellant was a principal debtor or guarantor made no difference to his liability under the deed as determined by the manner in which the matter was pleaded and determined below. The appeal was not justified on either ground raised by the appellant.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs