The Court held that a personal guarantee of a lessee's obligations under a retail lease touches and concerns the land and runs with the reversion under Gumland, entitling former reversioners to enforce it for breaches completed before they transferred their interest, applying Measures v McFadyen to confirm that choses in action for completed breaches do not pass to a subsequent transferee. The Court rejected arguments that the lease had been deemed assigned under s 41 of the Retail Leases Act 1994 (NSW) where the statutory requirements were not satisfied and the application named a different proposed assignee, and found no basis for discharge of the guarantee under Ankar principles, equitable fraud, or unconscionable conduct under s 62B. The cross-claim for unconscionable conduct was also dismissed as time-barred under s 71A(2) of the Retail Leases Act 1994.
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