Stack v The Queen [2002] WASCA 338 — BarristerAI

Stack v The Queen

[2002] WASCA 338

Western Australia Court of Appeal31 October 2002

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Judges

Templeman J, Mckechnie J, Mclure J

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Case Details

Citation[2002] WASCA 338

CourtWASCA

JurisdictionWa

Decision Date31 October 2002

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Judgment

Judges

Templeman J · Mckechnie J · Mclure J

Subsequent Judicial Consideration2›

Cases that have considered Stack v The Queen

Referred to (2)

BSD -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2009] WASCA 152 Howley v The State of Western Australia [2006] WASCA 273

Judicial Consideration (Chronological)

BSD -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2009] WASCA 152Referred to

Howley v The State of Western Australia [2006] WASCA 273Referred to

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.

Stack v The Queen at [30]

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.

Stack v The Queen at [37]

Judges

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Case Details

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Judgment

Subsequent Judicial Consideration2›

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For Australian Law.