Tebb v Filsee Pty Ltd; Tebb v KKV Pty Ltd
[2010] VSCA 311
Citation 1
(Para 34)
…the premises, did not affect the continuance of the obligations under the guarantees.[9] The present case raises different circumstances. [8] [2010] VSCA 311 [9] supra at [34] 70 The debts claimed by Retravision were due in part under the Licence Agreement and in part under the Licence to Occupy; in the case of th…
Burrell & Family Pty Ltd v Harris
[2010] SASC 184
Citation 2
…s only[19]. [19] Cf Clark Equipment Credit of Australia Ltd v Kiyose Holdings Pty Ltd & Ors (1989) 21 NSWLR 160 and Burrell & Family Pty Ltd v Harris [2010] SASC 184 104 Mr Kassabian gave evidence that he would not have signed the Licence to Occupy if he had known that he and Ms Kassabian were liable under the Gua…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd
[2004] HCA 52
Citation 3
…there was no case made to displace the principle that parties are bound by the contracts they sign.[20] [20] Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165…
McVeigh v National Australia Bank Ltd
[2000] FCA 187
Citation 4
…that the second is an amendment or variation of the first. [7] Smith v Chadwick (1882) 20 Ch D 27, 62-63 and McVeigh v National Australia Bank Ltd [2000] FCA 187 67 The Licence to Occupy was intended to permit the temporary occupancy of the Auburn Store. Big Kayz had to pay a monthly fee to occupy it and to pay…
Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd
[1992] NSWCA 168
Citation 5
…time of entering into the contract.”[11] [10] See, for example, Fountain v Bank of America National Trust & Savings Association (1992) 5 BPR 11, 817 at 11, 819-11, 820 per Gleeson CJ [11] O’Donovan and Phillips, ‘Modern Contract of Guarantee ’ (loose-leaf edition) p 5-1508…
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd
[1987] HCA 15
Citation 6
…our of the surety.”[12] [12] Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549 at 561…
Commonwealth Bank of Australia v McArthur
[2003] VSC 31
Citation 7
(Para 195)
…discharge of the guarantor’s obligations in either case.” [16] O’Donovan and Phillips ( supra ) p 7-62, paragraph 7.400 [17] [2003] VSC 31 at [195]-[199]…