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Tag: unconscionable conduct

Equity & Trusts

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

August 30, 2019 Travis

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 […]

Continue reading ➞ Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
Contract Law

Evans v Davantage Group Pty Ltd [2019] FCA 884

June 22, 2019January 6, 2020 Travis

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, […]

Continue reading ➞ Evans v Davantage Group Pty Ltd [2019] FCA 884
Corporate Law

ASIC v Kobelt [2019] HCA 18

June 22, 2019June 22, 2019 Travis

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 […]

Continue reading ➞ ASIC v Kobelt [2019] HCA 18
Equity & Trusts Property Law

Baumgartner v Baumgartner (1987) 164 CLR 137

March 13, 2018February 27, 2019 casesummaries

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 […]

Continue reading ➞ Baumgartner v Baumgartner (1987) 164 CLR 137
Contract Law

ACCC v CG Berbatis Holding Pty Ltd (2003) 214 CLR 51

March 13, 2018February 6, 2019 casesummaries

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 […]

Continue reading ➞ ACCC v CG Berbatis Holding Pty Ltd (2003) 214 CLR 51
Contract Law

Commercial Bank of Australia v Amadio (1983) 151 CLR 447

March 13, 2018February 3, 2019 casesummaries

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 […]

Continue reading ➞ Commercial Bank of Australia v Amadio (1983) 151 CLR 447

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