Facts Harry Kakavas was a problem gambler who, in period between 2005 and 2006, lost $20 million dollars at the Crown Casino in Melbourne. His game of choice was baccarat. Kakavas had been previously excluded from the Crown in the […]
Tag: unconscionable conduct
Evans v Davantage Group Pty Ltd [2019] FCA 884
Facts This was a class action, with Evans representing the class of applicants. Between 1 July 2013 and 28 May 2015, Davantage Group Pty Ltd (“Davantage“) issued financial products in the form of motor vehicle warranties. On 23 August 2014, […]
ASIC v Kobelt [2019] HCA 18
Facts Mr Kobelt operated a general store in Mintabie, South Australia. This store sold second hand cars, groceries, fuel, etc. Mr Kobelt supplied a form of credit to his customers who were mainly Indigenous Australians from the APY Lands. The […]
Baumgartner v Baumgartner (1987) 164 CLR 137
Facts Frances and Leo Baumgartner pooled wages to buy a property in Campbelltown, NSW. The property was only registered in the husband’s name. Leo had contributed $50,981 to the property while Frances had contributed $38,206.64. When the couple separated, Mrs […]
ACCC v CG Berbatis Holding Pty Ltd (2003) 214 CLR 51
Facts A group of tenants brought an action against their landlord. The landlord made a condition of their lease renewal that they had to drop proceedings against them in the tenancy tribunal. The tenants claimed this conduct was unconscionable. Issue […]
Commercial Bank of Australia v Amadio (1983) 151 CLR 447
Facts The Amadios have very poor English They guaranteed their son’s debt to the bank The bank did not tell them there was no limit to the liability, they thought it was $50,000 The bank knew the son’s financial position […]
