Disclaimers by Liquidators - How Secure is Your Guarantee?

  • Lloyd Nash

Abstract

The 1995 decision of Bainton J in the Supreme Court of New South Wales in Sandtara Pty Ltd v Abigroup Ltd1 serves as a reminder of the special treatment accorded to guarantors and of the fact that bankers, financiers and other creditors may sometimes find that a guarantee is not as secure as was first thought. Bainton J at first instance in Sandtara decided that the disclaimer of a lease by a liquidator of a lessee company discharged a guarantor of its obligations, notwithstanding the existence of a relatively comprehensive guarantee and indemnity.
Published
Oct 30, 1997
How to Cite
NASH, Lloyd. Disclaimers by Liquidators - How Secure is Your Guarantee?. QUT Law Review, [S.l.], v. 13, p. 82-91, oct. 1997. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/437>. Date accessed: 01 feb. 2021. doi: https://doi.org/10.5204/qutlr.v13i0.437.
Section
Articles - General Issue
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