Hardy v Coates Hire Operations Pty Ltd [2022] NSWCA 122

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hardy v Coates Hire Operations Pty Ltd [2022] NSWCA 122 Hearing dates: 17 May 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Before: White JA at [1]; Kirk JA at [3]; Basten AJA at [4] Decision: (1) Dismiss the appeal from the judgment and orders in the District Court made on 20 July 2021 and entered on 24 August 2021. (2) Order that the appellant pay the respondent's costs in this Court. Catchwords: GUARANTEE AND INDEMNITY – contract of guarantee – guarantee given by director of company's obligations under credit agreement – whether guarantee enforceable CONTRACTS – unjust contracts – Contracts Review Act 1980 (NSW) – commercial experience of guarantor – director of substantial construction business – guarantee provided in hardcopy and electronic copy – effect of terms – availability of legal advice CONTRACTS – unjust contracts – Contracts Review Act 1980 (NSW) – guarantor suffered Lewy body dementia – progressive condition – symptoms not observed in relevant period – medical evidence as to "mild" condition after guarantee signed – evidence of business activity after guarantee signed Legislation Cited: Contracts Review Act 1980 (NSW), ss 7, 9 Cases Cited: Hanna v Raoul [2018] NSWCA 201 Category: Principal judgment Parties: Robert Hardy (Appellant) Coates Hire Operations Pty Ltd (Respondent) Representation: Counsel: Ms E Elbourne / Ms C Brain (Appellant) Mr A d'Arville / Mr R Size (Respondent)