McBride v Walton

In *McBride v Walton*, the New South Wales Court of Appeal considered a dispute between the appellant, McBride, and the respondent, Walton, concerning the enforceability of a guarantee. The core of the disagreement revolved around whether the guarantee, which was signed by McBride, was valid and binding given the circumstances surrounding its execution.

The Court was required to determine, primarily, whether the guarantee was void for uncertainty. This involved an examination of the terms of the guarantee itself and whether they sufficiently defined the obligations undertaken by McBride. A further issue was whether, if the guarantee was found to be void for uncertainty, it could nevertheless be given effect to by the court.

The Court reasoned that for a guarantee to be certain, it must clearly specify the extent of the guarantor's liability. In this instance, the guarantee was found to be uncertain because it did not clearly define the principal debt or the circumstances under which the guarantor would become liable. The Court applied the principle that an agreement which is too vague or uncertain to be enforced cannot be given effect, even if the parties intended to be bound.

Ultimately, the Court of Appeal found that the guarantee was void for uncertainty and therefore unenforceable. The appeal was allowed, and the orders made by the primary judge were set aside.