Document ID: chunk:federal_register_of_legislation:F2005L02320:body:0:p4
Version: federal_register_of_legislation:F2005L02320
Segment Type: other
Provision Reference: 
Character Range: 7905–10722

be accompanied by particulars of the default by the Trustee upon which the demand is based, including a quantification of the amount of the liability (provided that neither bona fide errors or omissions in the particulars nor an inaccurate quantification of the liability shall invalidate the demand); and

       (e) 'particulars of the default' may include an auditor's certificate or an order of a court or tribunal; and

       (f) nothing in this clause shall be interpreted as requiring the Trustee or any other person referred to in subparagraph (b)or (c) of this clause to defend any claim or otherwise determine in a court or tribunal the amount of any liability prior to making demand upon the Guarantor; and

       (g) nothing in this clause shall be interpreted as requiring the Guarantor to guarantee under this Deed any liability whatsoever of any acting or other trustee or receiver or receiver and manager or administrator or liquidator or provisional liquidator referred to in this clause.

 Demand to be conclusive

       6. (a) The particulars provided under clause 5(d) of this Deed shall be conclusive evidence of default by the Trustee and the Guarantor shall not be obliged to make any enquiry; and
        (b) The Trustee's determination (or the determination of any other person referred to in Clause 5 of this Deed) of any calculation required under this Guarantee, or which may be done for the purposes of this Guarantee (including, without limitation, the quantification of the amount of any liability) is, in the absence of manifest error, conclusive evidence of that matter or thing.

     Interest on money due

    7. The Guarantor shall pay interest on money payable but unpaid under clause 5 of this Deed, until the date of payment, at the rate of interest specified from time to time to be payable in respect of unpaid judgments in the rules of the Supreme Court of the State or Territory in which the registered office of the Guarantor is situated.

     Guarantor's obligations not to be prejudiced or diminished by certain matters

    8. The Guarantor's obligations under this Deed are absolute and unconditional in any and all circumstances, and shall not be prejudiced, released, discharged, reduced or otherwise affected by anything (whether done by or on behalf of, or occurring with or without the consent of or notice to, the Guarantor, the Trustee, any beneficiary or any other person) including:

       (a) any variation or novation of any agreement or arrangement between the Trustee and any other person;

       (b) any act or omission by a beneficiary or any other person which prejudices, releases, waives, varies or delays its rights in respect of the Trustee or any security;

       (c) any security becoming void, unenforceable or diminished;

       (d) the