Valerie Clarke (nee Tootell) v Credit Corp Australia Pty Limited

In *Valerie Clarke (nee Tootell) v Credit Corp Australia Pty Limited* [1996] NSWCA 104, the New South Wales Court of Appeal considered a dispute between Valerie Clarke, the appellant, and Credit Corp Australia Pty Limited, the respondent. The case concerned the respondent's claim against the appellant for moneys allegedly owed under a loan agreement.

The primary legal issue before the Court of Appeal was whether the appellant was liable for the outstanding debt, specifically whether she had validly guaranteed the loan. This involved determining the proper construction of the guarantee document and whether it had been executed in accordance with the requirements of the relevant legislation.

The Court of Appeal found that the guarantee document was not properly executed as it lacked the necessary attestation by a witness. Applying the principles of statutory interpretation and contract law, the Court held that the failure to comply with the statutory requirements for attestation rendered the guarantee unenforceable against the appellant. Consequently, the appellant was not liable for the debt.