9 Apr 2013
HAAR V EASTLAND TYRES LIMITED HC GIS CIV-2012-416-258
- Citation
- openlaw-9519d461_580e_4551_a2f0_f043de40b7a8.pdf
- Court
- High Court
Although clause 11 created a security interest which was not registered (a breach of the equitable duty to perfect), the guarantor failed to establish any quantifiable loss caused by non‑registration; clause 12's permissive language expressly vested Eastland Tyres with a discretion to elect whether to take further securities and therefore did not impose an equitable duty to obtain all available securities — appeal dismissed.