Sampson v R

[2010] NSWCCA 119

NSW Court of Criminal Appeal3 June 2010

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Judges

James J, Simpson J, Barr AJ

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Case Details

Citation[2010] NSWCCA 119

CourtNSWCCA

JurisdictionNsw

Decision Date3 June 2010

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For Australian Law.

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Judgment

Judges

James J · Simpson J · Barr AJ

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

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.

Sampson v R 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.

Sampson v R at [37]

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