18 May 2018
Leave to appeal was granted because the proposed appeal raises serious questions of law of general importance—specifically whether a signature on a standard ADLS loan agreement can constitute a guarantee notwithstanding s 27 of the Property Law Act 2007 and whether equitable doctrines can overcome non-compliance with s 27—which justify a second appeal despite the modest amount at stake.
31 Jul 2017
The Guarantee, being in writing and signed, satisfied s 27 PLA and, read as a whole, created independent principal‑debtor obligations; the Schedule only applied where the guarantor was required to provide security and omission of documents did not render the Guarantee incomplete or unenforceable, so the defendant raised no arguable defence and summary judgment was appropriate.
5 Apr 2012
Material and unresolved conflicts in contemporaneous evidence about whether a binding settlement agreement and personal guarantee existed, together with genuine disputes about delivery, invoices and potential set-off, create real questions to be tried; therefore summary judgment was not appropriate and the application was dismissed.