WM Financial Trading Systems v Zamac Property Holdings [2015] VSC 639

A farm and business was sold on vendor finance terms and the purchaser borrower gave a second mortgage and director’s guarantee to secure the finance.

The court found that the director gave a director’s and personal guarantee noting:

There is no particular reason why [the director] could not be understood as acting in both capacities, when placing the single signature on the Loan Agreement as he did.

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