3 Mar 2010
MATRIX CUSTODIAN LIMITED V COTTON AND ORS HC AK CIV-2009-404-1067
- Citation
- openlaw-6acb28bd_5b43_4011_8361_e930a4eac5d9.pdf
- Court
- High Court
Summary judgment granted because the defendant had no reasonably arguable defence: he failed to establish non est factum or undue influence; the guarantee's explicit terms preserved the lender's rights against the guarantor despite compromises with co-guarantors; and the insolvents' creditors' proposals did not bind the plaintiff under s334 because the proposals related to the insolvents' debts and not the guarantor's separate liability.