15 Oct 2010
MARAC FINANCE LIMITED V DB MCFARLANE HC WN CIV-2010-485-185
- Citation
- openlaw-ec140257_045d_4afb_9f4b_52dcebffa701.pdf
- Court
- High Court
Summary judgment was granted because the defendant had no reasonably arguable defence: the guarantee and deed were binding despite the lender's non-signature, the apparent date error was a drafting mistake construed/rectified so the loan term commenced from the agreement date, the independent advice formality did not bar enforcement given the solicitors' certificate and the lender's election to proceed, and the Deed imposed principal debtor liability on the guarantor; accordingly plaintiff was entitled to judgment for the calculated sum.