28 Nov 2016
Summary judgment was dismissed because the defendant established an evidentiary foundation for an arguable defence: there is credible evidence that the receivers may have breached their s19 duty and that PWC materially influenced the receivers' sale process in a way that could prejudice the surety, creating a real question to be tried and defeating summary disposal.
2 Jun 2010
Defendant failed to establish a genuine and substantial dispute or a bona fide counterclaim because the counterclaim lacked particulars and was insufficiently pleaded; contractual no-set-off clauses prevented the asserted set-off; disputed invoices did not reduce indebtedness below the $1,600,000 threshold; plaintiff was entitled to proceed on the unpaid guarantee and the defendant is presumed insolvent for failing to comply with the statutory demand; therefore liquidation proceedings should continue.
17 Dec 2009
No arguable defence existed: the guarantee's terms (clause 5) made the guarantor's obligations absolute and excluded discharge by creditor omission; UDC had not impaired or lost the security (registration shown) and retained the ability to provide the security subject to Air National's lien; no clear promise or detrimental reliance establishing estoppel; summary judgment entered for UDC.