The appellant appealed a trial judgment holding him personally liable for a corporate debt of $89,969.11 based on a standard form contract.
The Court of Appeal found the contract ambiguous, as the signature line indicated he was signing in a representative capacity, contradicting a clause imposing personal liability.
Applying the doctrine of contra proferentem, and noting the respondent failed to draw the appellant's attention to the personal liability clause in what was presented as a credit application, the Court allowed the appeal.
The action against the appellant personally was dismissed.
