Particulars of loss and damage in unconscionable conduct claims against banks must identify facts capable of establishing a causal relationship between the impugned conduct and the losses claimed; it is insufficient to merely compare pre- and post-transaction profitability without explaining the causal mechanism, particularly where the business was conducted through a different legal entity. A self-executing order made by consent of legally represented parties is valid and the court is not required to go behind the consent memorandum absent information suggesting cause for concern. The decision in Salvatore Coco v Westpac Banking Corporation [2012] NSWSC 565 was not followed on the question of adequacy of causation particulars.
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