(New Zealand) The company issued a debenture to secure the funds for the purchase of machinery, but the debenture was not at first dated. It was submitted that the addition of the dates changed the nature of the loan and was ineffective being insufficiently evidenced in writing.
Held: The insertion of the dates was a matter of pure form and was not a material alteration invalidating the charge. The guarantor alleged that since he had not consented to the sale of the equipment he was discharged from his guarantee. That argument failed from a proper construction of the agreement.
Judges:
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Saville, Mr Justice Gault
Citations:
[1997] UKPC 52
Links:
Jurisdiction:
England and Wales
Cited by:
Applied – Foster v Foster CA 16-Apr-2003
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. . .
Lists of cited by and citing cases may be incomplete.
Company, Contract
Updated: 06 August 2022; Ref: scu.159265
