R v Fetherston

[2006] VSCA 278

Victorian Court of Appeal12 December 2006

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Judges

English ASHLEY JA, Smith AJA

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Case Details

Citation[2006] VSCA 278

CourtVSCA

JurisdictionVic

Decision Date12 December 2006

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Judgment

Judges

English Ashley JA · Smith AJA

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

R v Fetherston 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.

R v Fetherston at [37]

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Built by Barristers,
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