CONTRACTS – claim against two guarantors of an assigned loan debt – whether the guarantors are liable on the guarantees – whether the borrower was misled into concluding the loan agreement –where the contract gave the lender “absolute discretion” to form an opinion as to an “Adverse Event” – whether the lender had formed the requisite opinion – whether the opinion was required to be formed reasonably and honestly – whether the lender had acted in bad faith or dishonestly – whether the lender breached the terms of the loan agreement – whether the lender had refused reasonable “settlement offers” – whether the proceeding is an abuse of process – judgment against the guarantors for the capital sum plus interest
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0130For more information, see the original judgement.
