A claim for declaratory relief under the unwritten law that the plaintiff it is not obliged to pay any sum to the defendant under a written contract of guarantee on a number of different grounds. Relief was also sought pursuant to s 87 of the Trade Practices Act 1974 or s 237 of the Australian Consumer Law, based on misleading or deceptive conduct or unconscionable conduct.
Shane Monks, led by P Zappia QC, appeared for the plaintiff.
The judgment can be read by clicking here