McCasker v Omad (NT) Pty Ltd

[2023] NTSC 1

Supreme Court of the Northern Territory8 January 2023

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Case Details

Citation[2023] NTSC 1

CourtNTSC

JurisdictionNt

Decision Date8 January 2023

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For Australian Law.

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Judgment

Subsequent Judicial Consideration1›

Cases that have considered McCasker v Omad (NT) Pty Ltd

Referred to (1)

K & J Burns Electrical Pty Ltd & Anor v Melanie Timms & Anor [2026] NTSC 33

Judicial Consideration (Chronological)

K & J Burns Electrical Pty Ltd & Anor v Melanie Timms & Anor [2026] NTSC 33Referred to

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.

McCasker v Omad (NT) Pty Ltd 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.

McCasker v Omad (NT) Pty Ltd at [37]

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Case Details

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Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.