Pre-existing vulnerability or disadvantage of the affected party is not a necessary element of statutory unconscionability claims under s 21 ACL; conduct involving systematic dishonesty, misuse of superior bargaining position, and bad faith can be unconscionable even where the counterparties are commercially sophisticated investors.
The full text is available to signed-in members, including the 71 later cases that cite this judgment.
13 of the 71 citing cases carry a classified treatment. How each court treated it is available to signed-in members.