TYREE v CHALLENGE FINANCE LTD [1993] NSWCA 275

TYREE v CHALLENGE FINANCE LTD [1993] NSWCA 275

The appellant failed to prove the existence of a collateral arrangement limiting enforcement of the written guarantee; the trial judge’s findings based on witness credibility must stand.

Parties
Appellant: Christopher William Tyree; Respondent: Challenge Finance Ltd (formerly Trade Credits Ltd)
Jurisdiction
Australia
Judgment Date
10 February 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Guarantee, Factual Dispute, Onus of Proof
Contract Law Guarantee Factual Dispute Onus of Proof

Case Brief

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Parties

Christopher William Tyree

Appellant

Challenge Finance Ltd (formerly Trade Credits Ltd)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a collateral arrangement limited enforcement of the guarantee signed by the appellant.

Ratio Decidendi

The appellant failed to prove the existence of a collateral arrangement limiting enforcement of the written guarantee; the trial judge’s findings based on witness credibility must stand.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.