21 Dec 2011
HIEBER V REDDINGTON & ORS COA CA50/2011
- Citation
- openlaw-330c88e6_8ff5_46a2_9c3f_f0c5cee940d4.pdf
- Court
- Court of Appeal
The guarantee was not discharged by the guarantor's death or by the DOCA because the trustees did not vote for the DOCA and the guarantee only lapsed on a change of ownership or assignment compliant with the lease (clause 35), which did not occur; acceptance of repudiation and precise date affecting quantum are factual issues for trial; summary judgment as to liability was correctly entered and quantum must be tried in the High Court.