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THE SHED PEOPLE PTY LTD v TURNER & OTHERS No. SCGRG-99-89 [2000] SASC 196 — BarristerAI

The SHED People Pty Ltd v Turner & Others No. Scgrg-99-89

[2000] SASC 196

Supreme Court of South Australia21 June 2000

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David J

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Citation[2000] SASC 196

CourtSASC

JurisdictionSa

Decision Date21 June 2000

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Judgment

Judges

David J

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.

THE SHED PEOPLE PTY LTD v TURNER & OTHERS No. SCGRG-99-89 at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

THE SHED PEOPLE PTY LTD v TURNER & OTHERS No. SCGRG-99-89 at [37]

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