Ankar Pty Ltd v National Westminster Finance (Australia) Ltd: 1987

(High Court of Australia) The court consdered the situation where a surety was called after alteration of the contract secured: ‘to hold the surety to its bargain, the creditor must show that the nature of the alteration can be beneficial to the surety only or that by its nature it cannot in any circumstances increase the surety’s risk.’


Mason ACJ, Wilson, Brennan and Dawson JJ


(1987) 162 CLR 54

Cited by:

CitedTopland Portfolio No 1 Ltd v Smiths News Trading Ltd CA 21-Jan-2014
The claimant landlord sought to recover arrears of its tenant’s rent after the tenant’s insolvency from the defendant under the defendant’s guarantee of the rent. The defendant had argued successfully at first instance that the guarantee had been . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Contract

Updated: 04 May 2022; Ref: scu.523149