D & D Property Holdings Pty Ltd v Davidovic Holdings Pty Ltd [2012] NSWDC 162

D & D Property Holdings Pty Ltd v Davidovic Holdings Pty Ltd [2012] NSWDC 162

On construction of the sale agreement and the surrounding circumstances, Mr Davidovic was personally bound as guarantor even though he did not sign in the specific space for guarantor, as the document objectively evinced clear intention to bind him; the guarantee was not void for uncertainty and was supported by consideration; therefore, the plaintiff is entitled to judgment.

Jurisdiction
Australia
Judgment Date
26 September 2012
Procedural Posture
Civil / Judgment After Hearing on Liability and Quantum
Outcome
Judgment for the plaintiff against the second defendant for $232,033.68; Costs to plaintiff; other procedural orders as specified.
Legal Topics
['guarantee Whether Director Signed as Guarantor or Only as Director' 'ambiguity or Uncertainty of Contract Terms' 'consideration for Guarantee']
['contract Law' 'guarantees and Indemnities' 'civil Procedure'] ['guarantee Whether Director Signed as Guarantor or Only as Director' 'ambiguity or Uncertainty of Contract Terms' 'consideration for Guarantee']

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Procedural Posture

Civil / Judgment After Hearing on Liability and Quantum

Legal Issues

  1. 1 ['Whether the second defendant was a guarantor' 'Whether the agreement is ambiguous or void or should be set aside for uncertainty' 'Whether the contract is unenforceable for want of consideration']

Ratio Decidendi

On construction of the sale agreement and the surrounding circumstances, Mr Davidovic was personally bound as guarantor even though he did not sign in the specific space for guarantor, as the document objectively evinced clear intention to bind him; the guarantee was not void for uncertainty and was supported by consideration; therefore, the plaintiff is entitled to judgment.

Court Disposition

Judgment for the plaintiff against the second defendant for $232,033.68; Costs to plaintiff; other procedural orders as specified.

Orders

  • ['Judgment for the plaintiff for the sum of $232,033.68.' "Second defendant to pay the plaintiff's costs." 'Exhibits retained for 28 days.' 'Liberty to restore re costs and interest.']