W & K Holdings (NSW) Pty Ltd v Laureen Margaret Mayo

[2013] NSWSC 1063

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACTS - construction - inconsistent provisions - whether inconsistency is capable of correction by an exercise of construction - proper construction of a contract containing conflicting provisions - whether handwritten provision overrides inconsistent printed provision.
1. CONTRACTS - relief from obligations - whether personal guarantees "unjust" within the meaning of the Contracts Review Act 1980.
1. CONTRACTS - variation - whether alleged variations are supported by consideration - whether consideration was provided by way of a "factual benefit" or the avoidance of a "disbenefit".
1. EQUITY - unconscionable conduct - whether debenture deed should be set aside - whether the defendant engaged in unconscionable conduct in procuring the debenture deed.