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3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2) [2021] FCA 1371 — BarristerAI

3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2)

[2021] FCA 1371

Federal Court of Australia4 November 2021

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Judges

Halley J

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Case Details

Citation[2021] FCA 1371

CourtFCA

JurisdictionCommonwealth

Decision Date4 November 2021

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Judgment

Judges

Halley 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.

3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2) at [30]

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2) at [37]

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