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Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2) [2021] FCA 1044 — BarristerAI

Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2)

[2021] FCA 1044

Federal Court of Australia29 August 2021

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Judges

Wheelahan J

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Case Details

Citation[2021] FCA 1044

CourtFCA

JurisdictionCommonwealth

Decision Date29 August 2021

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Judgment

Judges

Wheelahan J

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.

Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2) at [30]

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.

Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2) at [37]

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Case Details

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