Recent Cases

Hardy v Coates Hire Operations Pty Ltd [2022] NSWCA 122 (11 July 2022) (White and Kirk JJA, Basten AJA)


Catchwords:


GUARANTEE AND INDEMNITY – contract of guarantee – guarantee given by director of company’s obligations under credit agreement – whether guarantee enforceable

CONTRACTS – unjust contracts – Contracts Review Act 1980 (NSW) – commercial experience of guarantor – director of substantial construction business – guarantee provided in hardcopy and electronic copy – effect of terms – availability of legal advice

CONTRACTS – unjust contracts – Contracts Review Act 1980 (NSW) – guarantor suffered Lewy body dementia – progressive condition – symptoms not observed in relevant period – medical evidence as to “mild” condition after guarantee signed – evidence of business activity after guarantee signed