Pang v Bydand Holdings [2010] NSWCA 175

The guarantor signed a deed of guarantee of the purchaser’s obligations under a contract of sale. The deed was physically incorporated in the contract, but a blank space in the deed, for the name of the purchaser, had not been filled in. The purchaser defaulted under the contract, the vendor terminated, and resold the property for a lesser amount. The vendor then sued the guarantor to recover the difference. The trial Judge held that the guarantee was enforceable despite the blank space and gave judgment for the vendor. The guarantor then appealed and lost, with the Court of Appeal deciding that the documents should be read as a whole and that the identity of the missing purchaser could, and should, be ascertained from the Contract of Sale in the composite instrument.

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