17 Dec 2010
P J REDDINGTON & ORS V R C HIEBER AS EXECUTOR OF THE ESTATE OF R J HIEBER HC AK CIV-2009-404-007524
- Citation
- openlaw-1df9d39f_197b_4fdc_a8f3_c75eacd50ff7.pdf
- Court
- High Court
The court held that the solicitors' negotiated variations and the parties' conduct produced a binding variation to the lease including the limited guarantee; the vendor's solicitor had authority (actual and apparent) to bind the Hieber interests; the guarantor's attorney signature was inherently probable and absence from vendor's file did not create an arguable defence; formalities under s180 did not negate enforceability of the rent/guarantee; a DOCA or share transfer that did not comply with the lease's consent/assignment provisions did not extinguish the guarantor's liability; mistake defe…