Dalton and Schaeffer as Executors of the Estate of the Late John Herman Schaeffer v Naegeli

• 1. Guarantee and Indemnity
  2. › Actions to enforce guarantee
  3. › Defences to
  4. › Unconscionable conduct
  5. › Whether guarantor procured guarantee unconscionably
  6. › Whether special disadvantage or vulnerability established
  7. › Whether stronger party knew of disadvantage
  8. › Australian Securities and Investments Commission Act 2001 (Cth), s 12CB
• 1. Guarantee and Indemnity
  2. › Actions to enforce guarantee
  3. › Defences to
  4. › Relief under Contracts Review Act
  5. › Whether guarantee unjust in circumstances relating to contract at time it was made
  6. › Factors relevant to assessment
  7. › Contracts Review Act 1980 (NSW), ss 7, 9
• 1. Judgment and Orders
  2. › Interest
  3. › Award of on judgment
  4. › Rate applicable
  5. › Where guarantee provided for interest at 10%
  6. › Where pleaded claim was for interest at prescribed rate
  7. › Civil Procedure Act 2005 (NSW), ss 100, 101
• 1. Appeal
  2. › Standard of appellate review
  3. › Evaluative judgments
  4. › Unconscionability and unjustness as evaluative but not discretionary
  5. › Advantages of primary judge diminished where challenges do not go to assessment of witness evidence

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