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Australia Leading Case rescissionestates and interests

Tanwar Enterprises Pty Ltd v Cauchi

(2003) 217 CLR 315
JurisdictionAustralia
CourtHigh Court of Australia
Year2003
StatusBinding authority

Summary

High Court of Australia restated the equitable jurisdiction to relieve against forfeiture of interests in land on time-stipulation breach under contracts for sale.

Key Principle

relief from forfeiture; equity's jurisdiction to relieve against forfeiture of interest in land

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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