On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue
On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.
[1999] WASCA 239 at [30]Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage
Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage.
[1999] WASCA 239 at [37]