Thomas & Anor v Bradnam's Windows & Doors P/L

The Court of Appeal granted leave nunc pro tunc under s 440J of the Corporations Law to enforce a guarantee against guarantor directors during the company's administration, finding no prejudice to the administration. The Court rejected the appellants' belated attempts to raise defences to the guarantee, including claims of lack of independent legal advice and failure to notify of credit limit increases, holding that the material did not disclose an arguable defence on the facts, particularly where the guarantor was the driving force of the debtor company.