Singh v Solomon & Ors (RLD) [2005] NSWADTAP 27

Singh v Solomon & Ors (RLD) [2005] NSWADTAP 27

Clauses 5 and 7 of the 1998 Deed incorporated by reference clause 27.3(b) of the registered lease into the continuing guarantee, so the release granted to Dr Sood did not extinguish Dr Singh's liability. The Tribunal's interpretation is preferred, as the parties intended the guarantee obligations as per the registered lease to continue for the extended lease period.

Parties
Appellant: Raghubir Singh; Respondent: Isaac Solomon; Respondent: Sarah Cooper; Respondent: Elizabeth Oxman
Jurisdiction
Australia
Judgment Date
16 June 2005
Procedural Posture
Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Guarantee, Release of Co Guarantor, Incorporation by Reference, Lease Variation
Contract Law Property Law Guarantee Release of Co Guarantor Incorporation by Reference Lease Variation

Case Brief

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Parties

Raghubir Singh

Appellant

Isaac Solomon

Respondent

Sarah Cooper

Respondent

Elizabeth Oxman

Respondent

Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the deed of guarantee excluded the rule that a release granted to one co-guarantor releases the others
  2. 2 Whether clause 27.3(b) of the registered lease formed part of the continuing guarantee under the 1998 Deed

Ratio Decidendi

Clauses 5 and 7 of the 1998 Deed incorporated by reference clause 27.3(b) of the registered lease into the continuing guarantee, so the release granted to Dr Sood did not extinguish Dr Singh's liability. The Tribunal's interpretation is preferred, as the parties intended the guarantee obligations as per the registered lease to continue for the extended lease period.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Unless an application, with supporting submissions, is filed and served within 28 days, there will be no order for the costs of the appeal. If any such application is made, submissions by the opposing party must be filed and served within a further 28 days. The matter will be resolved 'on the papers', unless reasons...