Calogo Bloodstock v Clemenger [2011] NSWSC 1229

A horsebreeder entered into an agreement with a company and the directors agreed to guarantee the company’s debts. The horsebreeder obtained judgment against one of the directors/guarantors but no monies have been paid, so judgment is now sought against the second director/guarantor.

The second director failed to appear. The court found he had been informed of the hearing, having been notified by reply email. The court did not consider the previous defences rasied by him since no evidence was provided and he failed to appear.

The court held that both directors entered into an unconditional guarantee of the payment of all amounts from time to time payable by the company and the second director is also liable under that guarantee to pay the debt due to the horsebreeder.

The court gave judgment against the second director, subject to an affidavit to be filed from an officer of the horsebreeder to confirm no payment made by either director since the date the first judgment was obtained and the current amount of the debt outstanding.

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