Reozone Pty Ltd v Rene Santoro [2016] NSWSC 1383

Supreme Court New South Wales

Medium Neutral Citation: Reozone Pty Ltd v Rene Santoro [2016] NSWSC 1383 Hearing dates: 1 September 2016 Decision date: 30 September 2016 Jurisdiction: Equity Before: White J Decision: Order that the 8th and 9th defendants' notices of motion filed on 31 August 2016 be dismissed with no order as to costs. Catchwords: CONTRACT — Guarantee — Principles of construction — Contract signed by first defendant as company director — Contract included a term providing that the first defendant gave a personal guarantee by way of a charge — Whether by signing the agreement the first defendant indicated to a reasonable person that she personally granted a charge to secure payment of moneys owed by the company — Signature expressly stated to be given as an acceptance for and on behalf of the company — First defendant did not sign in her personal capacity — First defendant did not separately sign the guarantee clause — First defendant did not grant a charge to secure payment of moneys owed Cases Cited: Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 National Australia Bank Ltd v Dionys [2016] NSWCA 242 Clark Equipment Credit of Australia Ltd v Kiyose Holdings Pty Ltd (1989) 21 NSWLR 160 Ariadne Steamship Company Ltd v James McKelvie & Co [1922] 1 KB 518 Universal Steam Navigation Co Ltd v James McKelvie & Co [1923] AC 492 Scottish Amicable Life Assurance Society v Reg Austin Insurances Pty Ltd (1985) 9 ACLR 909 Follaccio v Harvard Securities (Aust) Pty Ltd [2002] FCA 1067 Burrell & Family Pty Ltd v Harris [2010] SASC 184 James Thane Pty Ltd v Conrad International Hotels Corp [1999] QCA 516 Jones v Dunkel (1959) 101 CLR 298 Category: Procedural and other rulings Parties: Rene Santoro (1st Defendant) Elite Civil Group Pty Ltd (In Liquidation) (2nd Defendant) Sydney Trucks and Machinery Centre Pty Ltd (8th Defendant) TCT Management Services Pty Ltd (9th Defendant) Representation: Counsel: No appearance (1st Defendant) P M Barham (8th and 9th Defendants)