A person who signs a lease containing guarantee provisions only in their capacity as director of the lessee company may nevertheless be personally liable as guarantor if the objective indicia demonstrate an intention to be bound. The capacity in which a person signs is irrelevant to the signature requirement in s 4 of the Statute of Frauds. The REIWA standard form lease guarantee provisions, with their broad definition of 'Money' encompassing obligations under 'any other legal or equitable right or tenancy', are effective to impose guarantee liability even where the lease is unregistered, at least in respect of the first limb (payment of Money). Whether the second limb (Lessee's Covenants) extends to obligations under an unregistered lease was left open.
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