BGD Corporation Pty Ltd v Kalaoun

[2021] FCA 1127

Federal Court of Australia26 September 2021

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Judges

O'bryan J

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Case Details

Citation[2021] FCA 1127

CourtFCA

JurisdictionCommonwealth

Decision Date26 September 2021

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For Australian Law.

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Judgment

Judges

O'bryan J

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

BGD Corporation Pty Ltd v Kalaoun 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.

BGD Corporation Pty Ltd v Kalaoun at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.