› Where loss or damage claimed is too remote from breach of contract
Contracts
› Unconscionable conduct
› Australian Securities and Investments Commission Act 2001 (Cth) s 12CB
› In connection with financial services
› Meaning of “in connection with”
› Where meaning given a wide operation to include acquisition of shares
› Where conduct complained of not sufficiently connected to antecedent unconscionable dealings
Contracts
› Unconscionable conduct
› Australian Securities and Investments Commission Act 2001 (Cth) s 12CA
› Unconscionable conduct within the meaning of the unwritten law
› Whether circumstances of vulnerable parties amounted to special disadvantage
› Where Plaintiffs found not to have suffered from some special disadvantage
Corporations
› Members’ rights and remedies
› Oppression
› Relief sought under Corporations Act 2001 (Cth) ss 232, 233 for conduct they believe is contrary to the interests of the members as a whole
› Where Plaintiffs have not identified in final submissions what relief they seek, nor established that the conduct was contrary to the interests of the members as a whole
Case Details
Citation[2024] NSWSC 1409
CourtNSWSC
JurisdictionNew South Wales
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