15 Oct 2009
MAGSONS HARDWARE LIMITED V CUMMINS HC AK CIV-2009-404-1188
- Citation
- openlaw-79e32390_35fb_4f67_bb0e_fb7dc8bd16f5.pdf
- Court
- High Court
Personal demand was made on Mr Cummins within 12 months by direct communications acknowledging the debt; the guarantee's plain terms impose a continuing personal obligation and do not require a personal demand to crystallise liability, clause 6 limits debts of the principal debtor not guarantor liability, and there is insufficient evidence of a common intention to justify rectification; accordingly there was no tenable defence and summary judgment was entered for Magsons.