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NSW Guarantor on a Commercial Lease - Signature Not Mine?

Discussion in 'Commercial Law Forum' started by Blink, 21 July 2014.

  1. Blink

    Blink Member

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    I have been sued in a commercial litigation matter as the 2nd defendant (as the guarantor). However, the commercial lease which is a standard REINSW lease has the guarantor space for the parties left blank and in the guarantor space on the back page someone else has signed, not me. There is no other mention of the guarantor throughout the body of the lease. Can I file anything (motion), and have this thrown out of court under commercial law? Or is there any other way or do I need to go the full length of the process to a hearing? Then can I ask for costs?

    It's in the local court - General division - NSW.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Blink,

    Did you agree to be the guarantor under the lease? Is there any written record of you agreeing to be the guarantor under the lease that is connected with the Lease agreement?

    If not, and depending on how the pleading (the statement of claim) is worded, you may have grounds to apply for Summary Judgement or strike out of the allegations against you so that you do not need to go through the full length of the court process. I am assuming that if your name does not appear as guarantor in the lease, the plaintiff will have had a difficult time trying to plead their allegations against you and their claim will be either unclear or have insufficient basis.

    Summary Judgement and strike out applications ensure that the trial will not be a complete waste of time because there is no legal cause of action against you. So you may be able to make an application to the court. You will need to draft an affidavit in support of this setting out concisely the basis for your application.

    I would recommend that you get legal assistance for such an application as you need to get it right the first time.

    This is a useful all round resource for civil litigation in NSW.

    www.lawsociety.com.au/cs/groups/public/documents/internetyounglawyers/026375.pdf
     
  3. Blink

    Blink Member

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    Thanks - No written record of agreeing to be a guarantor.
    I'll look into summary judgement
     

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