Farm gate guarantee lassitude costs CBA 04 June 2015 4:43PM Ian Rogers A wine grape farmer who signed guarantee documents on the bonnet of a bank manager's car in a farm paddock has succeeded in having his liability to Commonwealth Bank set aside. CBA had earlier won a default judgment for A$520,000 under a guarantee for $1.5 million entered into by the appellant, Francesco Violi. The New South Wales Court of Appeal this week ruled that Violi was not afforded an opportunity to consider the import of documents presented to him one day in 2008 by his farmer brother and the local CBA bank manager, Troy Millard. "There was clearly no explanation of the guarantee given to him as he paused from his labour in the paddock to sign 'the papers' on the bonnet of the bank manager's car," one of the appeal judges, Justice Emmett, wrote. "There was no opportunity for Mr Violi to take independent legal advice or independent financial advice. There was no opportunity for Mr Violi to read the terms and conditions of this particular guarantee. "It is also clear that the bank manager knew that Mr Violi's brother had simply asked him to sign 'some papers' about the purchase of the grape harvesters with no mention of a guarantee. "It would not be a situation of a mere oversight in explanation. It would appear to be a serious departure from the bank's accepted practice," the judge concluded.