KEANE v Geleska

In *Keane v Geleska*, the New South Wales Court of Appeal considered a dispute between the appellants, Mr and Mrs Keane, and the respondent, Geleska. The proceedings concerned the enforceability of a guarantee provided by the Keanes in favour of Geleska.

The primary legal issue before the Court of Appeal was whether the guarantee was void for uncertainty. This question arose because the guarantee document itself did not specify the precise amount for which the Keanes were guaranteeing Geleska's obligations.

The Court of Appeal held that the guarantee was not void for uncertainty. It reasoned that the intention of the parties was clear from the surrounding circumstances and the language used in the guarantee. The Court applied the principle that where a document is ambiguous, the court may look to extrinsic evidence to ascertain the true intention of the parties. In this instance, the Court found that the guarantee was intended to cover all present and future liabilities of the principal debtor to Geleska, and that the absence of a specific monetary limit did not render it unenforceable.

The appeal was dismissed.