Loss of a chance of recovery out of a debtor's assets, caused by the debtor's unconscionable conduct in denuding itself of assets, is arguably recoverable as damage under s 82 of the Trade Practices Act 1974 (Cth). A claim framed on this basis is not brought without reasonable cause for the purposes of a costs order against a solicitor under s 99(2)(c) of the Civil Procedure Act 2005 (NSW).
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