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Australia Leading Case unconscionable conduct

Commercial Bank of Australia Ltd v Amadio

(1983) 151 CLR 447
JurisdictionAustralia
CourtHigh Court of Australia
Year1983
StatusBinding authority

Summary

Unconscionable conduct: equity intervenes where one party exploits another under a known special disability.

Key Principle

unconscionable dealing; special disadvantage; foundation of equitable relief against harsh contracts

Area of Law

Commercial and Corporations Law

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Directors have a non-delegable duty under s.180 Corporations Act to read, understand and apply their minds to the company's financial statements before signing them.

Sons of Gwalia Ltd v Margaretic (2007) 231 CLR 160

Shareholders with misleading-conduct claims against an insolvent company are not subordinated to ordinary creditors and rank equally with them in the winding-up.

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