The appellant guarantor appealed judgment enforcing his guarantee after a commercial mortgage default involving a shopping mall property.
He argued that the mortgagee failed to act judiciously in selling the property, materially altered the mortgage and guarantee by its conduct regarding offers to purchase, and that the trial judge ought to have recused himself for reasonable apprehension of bias.
The court held that the impugned purchase offers pre-dated default and were made to the owner, not the mortgagee, and there was no evidence of improper conduct after default.
The bias allegation was unsupported by evidence and was not raised in the notice of appeal.
A further refinancing defence also failed because it was not pleaded and no evidence was led at trial.
The appeal was dismissed with costs.
