Recent Cases

Kearney v Grow Choice Pty Ltd [2023] NSWCA 325 (21 December 2023) (Meagher and Mitchelmore JJA, Basten AJA)


APPEAL – application for leave – amount under threshold – whether challenge more than merely arguable – applying arguability criterion on a concurrent hearing – application by party not bearing onus of proof – no challenge to findings of primary fact

GUARANTEE AND INDEMNITY – contract of guarantee – oral undertaking by principal of debtor company – repeated undertakings – contractual intention – implied contingent agreement – consideration – forbearance – continuing to trade