28 Sept 2007
A J GIBBONS V J J SUMMERS HC ROT CIV 2007-463-000202
- Citation
- openlaw-fe4ccd0e_cc17_4c88_9cee_554924d70883.pdf
- Court
- High Court
The certificates, read as a whole, expressed the security obligation as something to be provided in the future and did not clearly operate as immediate personal guarantees; the presumption that Summers signed only as director was not displaced by the documents or available extrinsic evidence, so Summers has a fairly arguable defence and summary judgment must be refused pending fuller factual inquiry.