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Australia
unconscionable conductasset based lendingguarantees
Stubbings v Jams 2 International Pty Ltd
Stubbings v Jams 2 Pty Ltd [2022] HCA 6; (2022) 399 ALR 409
Key Principle
The High Court held that while asset-based lending is not inherently unconscionable, a loan and securities may be set aside in equity (and as unconscionable conduct) where the lender, through a system designed to avoid actual knowledge, exploits a borrower's special disadvantage; boilerplate certificates of independent advice are 'window dressing' that do not cure unconscionability.
Area of Law
insolvency
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