30 Jun 2011
RAVENSDOWN FERTILISER CO-OPERATIVE LIMITED V MC EVELEIGH HC PMN CIV-2010-454-831
- Citation
- openlaw-675c7316_828e_49b9_94bc_ffdfc203fe7f.pdf
- Court
- High Court
Plaintiff failed to discharge its onus on summary judgment to show the defendants had no defence because the Extended Credit Agreement is sufficiently ambiguous on whether the directors signed in a personal guarantor capacity and there is no extrinsic evidence before the court to displace the presumption that they signed only for the company; therefore a real question remains to be tried and summary judgment is dismissed.