Misan v Markham Real Estate Partners (KSW) Pty Ltd

• 1. Guarantee and Indemnity
  2. › Actions to enforce guarantee
  3. › Guarantor's liability
  4. › Claim by landlord to recover unpaid rent, loss of bargain damages and other losses under guarantee and indemnity in sub-lease
  5. › Whether landlord lawfully terminated sub-lease
  6. › Whether changing of locks before expiry of breach notice period constituted unlawful re-entry
  7. › Whether landlord entitled to exercise common law right to accept tenant's repudiation notwithstanding issue of statutory breach notice
  8. › Conveyancing Act 1919 (NSW), s 129
• 1. Guarantee and Indemnity
  2. › Discharge of surety
  3. › Assignment of lease
  4. › Whether assignment of sub-lease split guarantor's liability into two debts owed to different parties
  5. › Whether guarantor discharged by variation of principal obligation
  6. › Effect of contractual provision that guarantor's liability not affected by assignment
• 1. Guarantee and Indemnity
  2. › Quantum of guarantor's liability
  3. › Collateral payments
  4. › Whether payment received by landlord from vendor under side deed should be set off against rental arrears recoverable from guarantor
  5. › Whether double recovery arose
  6. › Rule against double satisfaction
• 1. Corporations
  2. › Administration
  3. › Property rights during administration
  4. › Whether administrator gave written consent to landlord re-entering premises
  5. › Whether breach of s 440B discharged guarantor's liability
  6. › Corporations Act 2001 (Cth), s 440B

Quick Take