Quin, in the matter of Harman Properties Pty Ltd (in liq) v Harman (No 2)

[2021] FCA 121

Federal Court of Australia24 February 2021

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Case Details

Citation[2021] FCA 121

CourtFCA

JurisdictionCommonwealth

Decision Date24 February 2021

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For Australian Law.

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Judgment

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Quin, in the matter of Harman Properties Pty Ltd (in liq) v Harman (No 2) 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.

Quin, in the matter of Harman Properties Pty Ltd (in liq) v Harman (No 2) at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.