Ac v The Queen

[2004] WASCA 75

Western Australia Court of Appeal15 April 2004

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Judges

Malcolm CJ, Wheeler J, Miller J

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Case Details

Citation[2004] WASCA 75

CourtWASCA

JurisdictionWa

Decision Date15 April 2004

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Judgment

Judges

Malcolm CJ · Wheeler J · Miller J

Subsequent Judicial Consideration1›

Cases that have considered Ac v The Queen

Referred to (1)

Mjh v The State of Western Australia [2006] WASCA 167

Judicial Consideration (Chronological)

Mjh v The State of Western Australia [2006] WASCA 167Referred to

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

Ac v The Queen 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.

Ac v The Queen at [37]

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Case Details

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Judgment

Subsequent Judicial Consideration1›

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