17 Jun 2011
SENIORCARE GROUP LIMITED V RICHARD JAMES PARKER AND RACHEL SUSAN HARVEY HC AK CIV 2011-404-001426
- Citation
- openlaw-11c32929_d6a5_45c8_9ff5_ac9b4fa15660.pdf
- Court
- High Court
The guarantee's express clauses preserved the guarantors' liability independently of any impairment or disposal of security; there is no arguable breach of a duty of care by Southern Cross (and s 176 did not compel acceptance of conditional offers or continued opposition), and no estoppel or set-off arguable to defeat the guarantees; accordingly summary judgment is appropriate for the plaintiff.