Ghossayn v Bleyer [2010] NSWCA 123

Ghossayn v Bleyer [2010] NSWCA 123

The guarantee extended to sums advanced by either the appellant or his related entities, and the deduction of expenses for attempts to procure an insurance bond was not authorised by the guarantee's terms; judgment was to be entered for the full guaranteed sum less any amounts reimbursed, with no deduction for such expenses.

Jurisdiction
Australia
Judgment Date
24 May 2010
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
Appeal allowed
Legal Topics
['guarantee' 'construction of Contract' 'recovery Under Guarantee' 'deduction of Expenses From Guaranteed Sum']
['contract Law'] ['guarantee' 'construction of Contract' 'recovery Under Guarantee' 'deduction of Expenses From Guaranteed Sum']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 ["Whether advances by one of the appellant's related entities rather than by the appellant himself gave rise to a guaranteed debt under the guarantee of 14 February 2001" 'Whether the guaranteed debt was reduced by expenses paid to US attorney and merchant bankers from funds advanced']

Ratio Decidendi

The guarantee extended to sums advanced by either the appellant or his related entities, and the deduction of expenses for attempts to procure an insurance bond was not authorised by the guarantee's terms; judgment was to be entered for the full guaranteed sum less any amounts reimbursed, with no deduction for such expenses.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed' 'Set aside the orders made by Judge Rolfe on 11 and 21 May 2009' 'Order that the respondent pay the appellant the sum of $572,313.40 inclusive of interest up to and including 24 May 2010' "The respondent pay the appellant's costs of the proceedings in the District Court, including the respondent's...