6 Nov 2009
FM CUSTODIANS LIMITED V B P WEST AND ANOR HC AK CIV 2009-404-002617
- Citation
- openlaw-982d960d_754c_4a9b_8b9d_c43c37904988.pdf
- Court
- High Court
The loan agreement and deed of guarantee and indemnity unambiguously made West unconditionally and irrevocably liable as a sole and principal debtor for the guaranteed indebtedness; Wiles Project Limited had defaulted and no defence to summary judgment existed, therefore summary judgment was entered against West for $1,298,916.09 and FM was not required to exhaust remedies against the company first.