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Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) [2021] FCA 984 — BarristerAI

Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant)

[2021] FCA 984

Federal Court of Australia12 August 2021

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Rares J

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Case Details

Citation[2021] FCA 984

CourtFCA

JurisdictionCommonwealth

Decision Date12 August 2021

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For Australian Law.

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Judgment

Judges

Rares 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.

Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) at [30]

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
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