Benchmark v NAB [2012] NSWCA 130

The lender was given summary judgment against guarantors and they sought leave to appeal on the basis that the court failed to consider all their defences.

The appeal court noted that the guarantors made it clear that they raised only the one defence, that the earlier guarantee had been discharged by the later one, and found no other defences in the pleadings that the trial judge had failed to consider.

The application for leave to appeal was dismissed.

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