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January 2024

A cautionary tale – last minutes amendments to loan documents with guarantees CommercialFinance
24 January, 2024

A cautionary tale – last minutes amendments to loan documents with guarantees

In Lee v ATL (Australia) Pty Ltd NSWCA 327, the NSW Supreme Court considered whether a guarantor was liable under a loan deed that was amended by a side letter between the borrower and the lender (but not the guarantor).  The Court decided that as a matter of contractual construction,…