Rankin & Anor v Morgan & Anor [2009] NSWCA 116

New South Wales Court of Appeal

CITATION: Rankin & Anor v Morgan & Anor [2009] NSWCA 116

HEARING DATE(S): 6 May 2009

JUDGMENT DATE: 21 May 2009

JUDGMENT OF: Giles JA at 1; Hodgson JA at 44; Ipp JA at 45

DECISION: Appeal dismissed with costs.

CATCHWORDS: GUARANTEE - whether discharged because guaranteed loan replaced by different loan - or because of material change in borrower's obligations - on facts, not discharged - no question of principle.

CATEGORY: Principal judgment

Phillip Norman Rankin - First Appellant PARTIES: David Hastings Warne - Second Appellant Scott Anthony Morgan - First Respondent Annette Frances Morgan - Second Respondent

FILE NUMBER(S): CA 40294/08

COUNSEL: M Cashion SC & R Tronson - Appellants S Harben SC & M Lawson - Respondents

SOLICITORS: NOT Lawyers - Appellants Thomas Mitchel, Belmont - Respondents

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 438/07 (Newcastle)

LOWER COURT JUDICIAL OFFICER: Sidis DCJ

LOWER COURT DATE OF DECISION: 14 August 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Morgan v Rankin [2008] NSWDC 166

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40294/08 DC 438/07

GILES JA HODGSON JA IPP JA

Thursday 21 May 2009 RANKIN & ANOR v MORGAN & ANOR Judgment 1 GILES JA: This was a guarantee case. Were the appellants discharged from their liability as guarantors, either because the guaranteed loan was replaced by a different loan, or because there was a material change in the borrower's obligations? The trial judge held that they were not. Her Honour was correct, and the appeal should be dismissed.