News and Resources > IS IT REALLY A PERSONAL GUARANTEE? – Another Personal Guarantee Gone Wrong

IS IT REALLY A PERSONAL GUARANTEE? – Another Personal Guarantee Gone Wrong

Poorly drafted and ambiguous personal guarantees can give rise to guarantors being wrongfully released from liabilities, or alternatively documents being signed which are unenforceable and ultimately worthless.

The recent decision by the Supreme Court of New South Wales in the matter of Aquawest Pty Ltd v Twynham [2017] NSWSC 652 is yet another reminder of the court’s reluctance to enforce a personal guarantee where the drafting contains ambiguities.
This article will cover:

  1. The decision
  2. General requirements of a guarantee
  3. Top tips for obtaining and enforcing personal guarantees

Read the Full Article – CLICK HERE

ALSO READ: Important Lessons for Guarantors

Contact Us – We are here to Help!

If you need assistance in drafting effective terms and conditions of trade and personal guarantees, please do not hesitate to contact the Results Legal team on 1300 757 534 or via email at info@resultslegal.com.au.

Results Legal specialises in Debt Recovery, Insolvency Law, Commercial Disputes, Commercial Contracts, and Business Separation & Shareholder Disputes.

Contact us – We are here to help
If you need legal advice or representation of specialist commercial lawyers concerning a case involving your business, please contact our team at Results Legal on 1300 757 534 or use our contact form to send us a message.

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Robert Shepley promoted to Principal at Results Legal.

Robert Shelpley - Special counsel at Results Legal, wearing a suit and smiling at the camera.

Results Legal proudly announces the promotion of Special Counsel Robert Shepley to Principal, effective January 1st, 2024.

Head of the firm’s commercial division, Rob is a seasoned corporate and commercial lawyer with a special interest in business transactions and commercial contracts.

“Promoting Rob to Principal was a natural progression given the expertise, leadership and experience he has brought to our firm since joining Results Legal as Special Counsel,” said Managing Director Karl Hill.

Since joining Results Legal in 2023, Rob has been a key contributor to the expansion of its Commercial division, bolstering the firm’s commercial and corporate law expertise

2024 Hill Family Scholarship Award Winner Announced

2024 Hill Family Scholarship Award Winner Announced

A dedicated student from Mackay State High School was today announced as the recipient of the 2024 Hill Family Scholarship. Valued at $5,000, the scholarship provides vital financial support to one deserving student embarking on their tertiary education journey in law, accounting, or commerce.

Year 12 student Ned Gething from Sunnyside (Mackay) won the scholarship thanks to his leadership qualities, academic achievements and commitment to pursuing a career in law.

“Access to the Hill Family Scholarship means I can place a greater focus on my studies, rather than worrying about where the money for textbooks or costs of living away

Beyond Legal Practice: Results Legal’s Approach for Exceptional Client Service

Beyond Legal Practice: Results Legal's Approach for Exceptional Client Service
In a recent video, Results Legal Managing Director, Karl Hill, shared insights into the firm’s philosophy and approach to commercial litigation. With 15 years of national service across diverse industries, Results Legal aims to redefine the legal landscape by prioritising client needs and delivering exceptional outcomes.

Results Legal was born out of a desire to refocus on clients and their business decisions.

A key emphasis in the Results Legal way is providing clarity and certainty.  Hill highlights the challenge of making business decisions when legal costs are unpredictable. While outcomes can’t always be guaranteed, Results Legal commits to offering clients

Results Legal: New Brand Explained [Video]

Professional Advisors

We recently celebrated our 15-year milestone with the launch of a new brand and website.

This short video provides context to our new brand and the meaning behind our new byline ‘We stand for you.’

It reflects the fact we work as one team to deliver not only great results, but also a great experience for our clients.

While we are a leading commercial litigation, insolvency and debt recovery firm, the way we do things is different.

We apply a client centric approach, backed by a commitment to delivering strategic clarity, fee transparency and pragmatic, commercial advice.


2023 Hill Family Scholarship Winner Announced

2023 Hill Family Scholarship Winner Announced

In what our MD Karl Hill said was one of his favourite moments of the year, he and his wife Sarah returned to their alma mater to present the Hill Family Scholarship.

Karl and his wife Sarah established the $5000 scholarship in 2021 to assist students hoping to study law, accounting or commerce with expenses such as accommodation, textbooks, day to day living and travel costs.


Celebrating Our Principal Promotions

Celebrating Our Principal Promotions

We at Results Legal live by the ‘work hard, play hard’ mantra. So when two of our graduate intake lawyers were promoted to Principal (in 6 ½ years – a exceptional achievement), we thought it was well worth gathering the team and our Brisbane-based clients for a celebration!


Announcing Our 2022 Associate Promotions

Announcing Our 2022 Associate Promotions

We are pleased to announce the recent promotion of Charlotte Evans and Kate Molkentin to Associates.

Over the course of last financial year, Charlotte and Kate achieved outstanding results for their clients and contributed to the continued growth of the firm.


Results Legal Founds Scholarship Program to Support Regional QLD Students

Results Legal Founds Scholarship Program to Support Regional QLD Students

Results Legal Managing Director, Karl Hill and his wife Sarah Hill announce the first recipient winner of the Hill Family Scholarship Program.  

As former students at Mackay State High School, Karl and Sarah Hill were delighted to return to award recipient winner, Pushti Shah with her scholarship certificate. 


82 years on, the ‘wives special equity’ law is still a valuable case to call on

82 years on, the ‘wives special equity’ law is still a valuable case to call on

On 15 September 2021, the District Court of New South Wales handed down a judgment in Hume Plasterboards v Best Interiors[1] which reaffirmed the ‘wives’ special equity’, otherwise known as the Yerkey v Jones[2] defence. Even though the ‘wife’ (or de facto partner) of the company’s director signed a guarantee, the successful use of the defence meant that she was not liable for the debt incurred.


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