Borg Manufacturing Pty Ltd v Van't Sant

[2021] TASSC 24

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Guarantee and Indemnity
2. › Contract of guarantee
3. › Parties and capacity
4. › Guarantee of company's debts by director
5. › Director also trustee of family trust
6. › Whether guarantee and equitable charge given both in personal capacity and on behalf of trust.
1. Re Interwest Hotels Pty Ltd (in liq) (1993) 12 ACSR 78, followed.
1. Helvetic Investment Corporation Pty Ltd v Knight (1984) 9 ACLR 773; Scottish Amicable Life Assurance Society v Reg Austin Insurances Pty Ltd (1985) 9 ACLR 909, referred to.
1. Duckworth v Water Corporation (No 2) [2015] WASC 411, distinguished.