SECURITY PACIFIC GOLD LIMITED v BALDERSTON & ORS. [1999] NSWSC 755

SECURITY PACIFIC GOLD LIMITED v BALDERSTON & ORS. [1999] NSWSC 755

The guarantee executed by the first defendant only extends to obligations under a lease at law (registered lease), consistent with Chan v Cresdon; as the sub-lease was unregistered, the plaintiff's claim fails.

Jurisdiction
Australia
Judgment Date
28 July 1999
Procedural Posture
Claim for Judgment in a Monetary Sum / Final Judgment
Outcome
Judgment for the first defendant.
Legal Topics
['guarantees' 'lease Agreements' 'interpretation of Contracts']
['contract Law'] ['guarantees' 'lease Agreements' 'interpretation of Contracts']

Case Brief

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Procedural Posture

Claim for Judgment in a Monetary Sum / Final Judgment

Legal Issues

  1. 1 ['Whether the guarantee given by the first defendant covered obligations under an unregistered sub-lease.' 'Whether the obligations guaranteed must be referable to a lease at law (i.e., a registered lease) as in Chan & Anor v Cresdon Pty Limited.']

Ratio Decidendi

The guarantee executed by the first defendant only extends to obligations under a lease at law (registered lease), consistent with Chan v Cresdon; as the sub-lease was unregistered, the plaintiff's claim fails.

Court Disposition

Judgment for the first defendant.

Orders

  • ["The plaintiff's claim is dismissed." "The plaintiff is to pay the first defendant's costs of the claim." 'Exhibits may be returned.']