Gujarat NRE India Pty Ltd v Wollongong Coal Limited

GUARANTEE AND INDEMNITY - Contract of guarantee - Deed - Construction GUARANTEE AND INDEMNITY - Contract of guarantee - Waiver - Debtor's rights to enforce waiver of indemnity given by guarantor in general terms - permanent and irrevocable waiver - whether the plaintiff is disentitled from seeking indemnity from the defendant GUARANTEE AND INDEMNITY - Contract of guarantee - Privity of contract GUARANTEE AND INDEMNITY - Contract of guarantee - Contractual intention GUARANTEE AND INDEMNITY - Contract of guarantee - Enforcement - whether the defendant is entitled to enforce a term in a multi-party deed in circumstances where the clause is expressed in general terms without identifying which of the parties to the deed is entitled to enforce it - whether every party to a multi-party deed is entitled to enforce every term in it - the waiver of indemnity was a covenant made by the guarantor in favour of the creditor alone and was not intended to be enforceable by the debtor - the debtor is not entitled to enforce the waiver of indemnity

GUARANTEE AND INDEMNITY - Contract of guarantee - Construction - Rules of construction - whether the waiver of indemnity given by the guarantor should be read down to cease operating after the creditor has been fully repaid GUARANTEE AND INDEMNITY - Guarantor - Right to contribution - whether the guarantor is entitled to contribution from the debtor GUARANTEE AND INDEMNITY - Breach - Implied Term - whether the guarantor may recover damages from the debtor for breach of implied terms - whether there was an implied term that the debtor would indemnify the guarantor - whether the guarantor is entitled to recover damages from the debtor for breach of an implied term to act in good faith