International Skin Care Suppliers Pty Ltd v Commonwealth Bank of Australia; Commonwealth Bank of Australia v Scott William Michaelson; Commonwealth Bank of Australia v Stephen John Ruskin; Commonwealth Bank of Australia v Scott William Michaelson [2013] NSWSC 1768 — Financial Services — Barrister AI
International Skin Care Suppliers Pty Ltd v Commonwealth Bank of Australia; Commonwealth Bank of Australia v Scott William Michaelson; Commonwealth Bank of Australia v Stephen John Ruskin; Commonwealth Bank of Australia v Scott William Michaelson
FINANCIAL SERVICES — ss 12CA and 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) — whether bank misleadingly or deceptively represented that it would not regard appointment of voluntary administrators as an Event of Default under a loan facility — whether bank unconscionably procured and relies on releases and bars in a Deed of Forbearance — whether loss suffered by appointment of receivers to properties which were security under the facility and guarantees — whether quantum is established — CONTRACTS — s 7(1) of the Contracts Review Act 1980 (NSW) — whether personal guarantees were unjust in the circumstances relating to them at the time they were made — whether it is unconscionable under the general law to enforce them
Case Details
Citation[2013] NSWSC 1768
CourtNSWSC
JurisdictionNew South Wales
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