ROCK AND RUBBLE LTD V OWERS (DC)

Artem appeared as junior counsel for the creditor in this summary judgment application. A claim was brought against the debtor, to enforce a personal guarantee given in a credit contract for construction materials and services. The debtor opposed the application on the grounds that he sent an email to the creditor revoking the guarantee, and an operations manager of the creditor agreed to the revocation. 

This case touches on how personal guarantees are revoked. It also distinguishes Levin Meats Ltd v Perfect Packaging Ltd which held that the actions of certain company employees may bind the company in certain circumstances.

Our creditor client was successful in all aspects and judgment was entered against the debtor for the amount owed, made up of outstanding invoices, legal costs, and interest.