A creditor bank owes no general duty of disclosure to a surety arising merely from the prospective creditor-guarantor relationship; the duty stated in Hamilton v Watson is limited to disclosure of matters which might not naturally be expected to take place between the parties. Fresh evidence on appeal will not be admitted where the deponent was available at trial and no steps were taken to compel attendance or obtain evidence by alternative means, and where the explanation for non-production lacks credibility. Eames J.A. left open the question whether a broader duty of disclosure may exist.
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