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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
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

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

Related Cases

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233
Badenoch Integrated Logging Pty Ltd v Bryant [2021] FCAFC 64
CGU Insurance Ltd v Blakeley (2016) 259 CLR 339

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