68 VR 559
Pugwall v Arthur McKenzie Investments PL

Published 03 October 2023

Pugwall v Arthur McKenzie Investments PL

Court of Appeal

Kyrou, Sifris and Kennedy JJA

09/12/2022

[2022] VSCA 272

Contract — Guarantee — Joint venture agreement between corporations — Agreement containing director’s guarantee — Execution of agreement only by company by director on behalf of company — Whether intention to be bound — Whether director personally liable under guarantee

Guarantee — Agreement containing guarantee — Execution — Agreement signed by director on behalf of company — No separate execution by guarantor — Whether agreement ‘signed by the party to be charged’ — Instruments Act 1958 (Vic), s 126

Read the judgment here.