26 Sept 1989
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. GRAHAM HARRY FOUNTAIN
- Citation
- BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. GRAHAM HARRY FOUNTAIN
- Court
- Court of First Instance
- Case number
- HCA8313/1984
Applying the Evans v Bartlam standard as explained in The Saudi Eagle, the defendant failed to demonstrate a defence with a real prospect of success; the guarantee is prima facie unlimited where the limit was left blank and the objective test of contract formation prevails; the defendant's delay and resulting prejudice to the plaintiff justified refusal to set aside the regular judgment; and the plaintiff's conduct did not discharge the guarantee. Thus the appeal was dismissed with costs to the plaintiff.