Muddle v Cormie [2017] NSWSC 1581

Muddle v Cormie [2017] NSWSC 1581

Ms Muddle's liability as guarantor was not in issue at trial due to her counsel's concessions, and it was not in the interests of justice to allow her to re-agitate this issue on appeal; the guarantee was supported by consideration supplied by the Cormies' post-execution deliveries of grain on credit, making it enforceable.

Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['guarantee' 'consideration' 'leave to Appeal' 'costs' 'admissions' 'contractual Liability']
['contract Law' 'civil Procedure'] ['guarantee' 'consideration' 'leave to Appeal' 'costs' 'admissions' 'contractual Liability']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether Ms Muddle's liability under the guarantee was an issue at trial" 'Whether it was open to Ms Muddle to agitate the enforceability of the guarantee on appeal' 'Whether the guarantee was supported by consideration and is enforceable']

Ratio Decidendi

Ms Muddle's liability as guarantor was not in issue at trial due to her counsel's concessions, and it was not in the interests of justice to allow her to re-agitate this issue on appeal; the guarantee was supported by consideration supplied by the Cormies' post-execution deliveries of grain on credit, making it enforceable.

Court Disposition

Appeal dismissed

Orders

  • ['Extend the time for filing the summons to 9 June 2017.' 'To the extent required, grant leave to the plaintiff to appeal.' 'Appeal dismissed.' "Unless any party makes an application in writing, with any evidence in support, to my Associate within seven days hereof for a different order, order the plaintiff to pay...