Guarantor’s liability in respect of loan facility was expressly set out in guarantee document

Summary judgment - defendant as guarantor of monies lent by bank - plaintiff acquired rights and obligations of bank - nature of guarantee - third party defaulted - reliance on document entitled 'Guarantor's Acceptance' attached to facility letter - whether matter should be remitted for plenary hearing - whether guarantee inoperable as it was replaced by subsequent facility letter - whether third party had necessary legal authority to execute acceptance on defendant's behalf - no power of attorney given to third party to execute guarantor's acceptance - partnership agreement created a certain power of attorney in favour of third party - new facility extended time permitted to repay borrowings - estoppel - test to be applied - 2008 facility letter did not replace original loan - terms in guarantee expressly cover liability of defendant - agreement by defendant to assent to changes to loan - defendant not discharged from guarantee - not accepted that third party did not have authority to sign guarantor's acceptance on defendant's behalf - partnership agreement gave clear authority to third party to execute contracts in connection with business of borrower - facility letter and guarantee are a 'contract' for purposes of clause in partnership agreement - plaintiff entitled to summary judgment.