Reid v Rowbottam

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Reid v Rowbottam 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.

Reid v Rowbottam at [37]

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Authorities Cited1›

Subsequent Judicial Consideration2›

Built by Barristers,
For Australian Law.