Ogbonna v CTI Logistics Limited

[2021] FCA 1664

Federal Court of Australia29 November 2021

View on AustLII View on JADE Download

Judges

Colvin J

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2021] FCA 1664

CourtFCA

JurisdictionCommonwealth

Decision Date29 November 2021

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

Judges

Colvin 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.

Ogbonna v CTI Logistics Limited 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.

Ogbonna v CTI Logistics Limited at [37]

Judges

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.