Solomon & Ors v Dr Singh & Anor [2004] NSWADT 264

Solomon & Ors v Dr Singh & Anor [2004] NSWADT 264

The Tribunal found that the terms of the 1998 Deed and Variation kept the registered lease on foot and extended its covenants, including clause 27.3. Dr Singh’s obligations as guarantor under the registered lease continued to apply through the extended lease term. Consequently, principles in Walker v Bowry regarding release did not discharge Dr Singh.

Parties
Applicant: Isaac Solomon; Applicant: Sarah Cooper; Applicant: Elizabeth Oxman; Respondent: Dr Raghubir Singh; Respondent: Dr Suman Sood
Jurisdiction
Australia
Judgment Date
18 November 2004
Procedural Posture
Application / Preliminary Matter
Outcome
Dr Singh's application is dismissed
Legal Topics
Guarantee and Indemnity Under Lease, Variation of Lease Terms, Release of Guarantor Liability
Retail Leases Guarantee and Indemnity Under Lease Variation of Lease Terms Release of Guarantor Liability

Case Brief

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Parties

Isaac Solomon

Applicant

Sarah Cooper

Applicant

Elizabeth Oxman

Applicant

Dr Raghubir Singh

Respondent

Dr Suman Sood

Respondent

Procedural Posture

Application / Preliminary Matter

Legal Issues

  1. 1 Whether Dr Singh remains liable as guarantor after release of Dr Sood
  2. 2 Effect of Deed of Release and 1998 Deed on guarantor liability
  3. 3 Applicability of registered lease terms following variation

Ratio Decidendi

The Tribunal found that the terms of the 1998 Deed and Variation kept the registered lease on foot and extended its covenants, including clause 27.3. Dr Singh’s obligations as guarantor under the registered lease continued to apply through the extended lease term. Consequently, principles in Walker v Bowry regarding release did not discharge Dr Singh.

Court Disposition

Dr Singh's application is dismissed

Orders

  • Dr Singh's application is dismissed
  • Applicants' application is set down for further directions at 10.30 am on 2 December 2004