The appellants appealed an order refusing to set aside a summary judgment in favour of a bank, alleging that the record before the summary judgment judge was fraudulent and incomplete and seeking to file after-acquired documents as fresh evidence.
The court held that the motion record was neither fraudulent nor incomplete, and that the appellants' complaints were really arguments that should have been advanced on the original summary judgment motion.
Because the challenge to the primary debtors failed, there was no basis to discharge the guarantor.
The appeal was dismissed with costs.
