29 Mar 2012
WESTPAC NEW ZEALAND LIMITED V CHAHIL COA CA614/2011
- Citation
- COA CA614/2011
- Court
- Court of Appeal
Clause 34 is unambiguous and applies only to capacity in which the signatory signed as trustee; it does not operate to limit or extinguish the separate and unlimited personal liability incurred where the same person also signed the guarantee in a personal capacity; consequently the respondent had no arguable defence and summary judgment was appropriate.