Contractual terms in loan agreements requiring a lender to provide a building contract to a third-party builder for execution are not conditions the breach of which would discharge a guarantor under the Ankar principles, where the terms are broadly defined, the builder is the alter ego of the lender, and the building contract's terms depend on the acquiescence of a non-party. Section 58 of the Evidence Act 2008 (Vic) permits inferences as to the authenticity of a document to be drawn from the document itself, and Rusu should not be followed to the extent it holds otherwise.
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