R v Sirillas

[2004] VSCA 56

Victorian Court of Appeal18 April 2004

View on AustLII View on JADE Download

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2004] VSCA 56

CourtVSCA

JurisdictionVic

Decision Date18 April 2004

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

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.

R v Sirillas 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.

R v Sirillas at [37]

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.