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Empired Limited, in the matter of Empired Limited (No 2) [2021] FCA 1409 — BarristerAI

Empired Limited, in the matter of Empired Limited (No 2)

[2021] FCA 1409

Federal Court of Australia31 October 2021

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Judges

Mckerracher J

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Case Details

Citation[2021] FCA 1409

CourtFCA

JurisdictionCommonwealth

Decision Date31 October 2021

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For Australian Law.

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Judgment

Judges

Mckerracher J

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.

Empired Limited, in the matter of Empired Limited (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.

Empired Limited, in the matter of Empired Limited (No 2) at [37]

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