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Case Note: Stubbings v Jams 2 Pty Ltd [2022] HCA 6
Manage episode 322952676 series 3310331
Join Erica, Isabella and Rhea in this short bonus episode to discuss the new High Court of Australia decision Stubbings v Jams 2 Pty Ltd [2022] HCA 6 passed down on 16.3.2022.
In this case note we discuss:
- The facts and procedural history of Stubbings v Jams 2 Pty Ltd
- The key issues for determination
- What the High Court had to say about the appellants conceding that there is nothing unconscionable about asset-base lending
- Erica's thoughts on the High Court holding that equitable intervention was justified "not merely to relieve the appellant from the consequences of his own foolishness, but to prevent his victimisation"
- The potential implications this judgment might have on future causes of action in equity
- Whether court intervention and protection should remain at the level it is now, or whether parties should resolve issues such as these independently
Read the full case on JADE now: https://jade.io/article/908939
Set up your JADE Alerts on cases you need to be across, to receive new judgments in your email inbox as soon as it is released.
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Follow us on Instagram, LinkedIn and Facebook @thelawfluentpodcast @openlaw
28 episódios
Manage episode 322952676 series 3310331
Join Erica, Isabella and Rhea in this short bonus episode to discuss the new High Court of Australia decision Stubbings v Jams 2 Pty Ltd [2022] HCA 6 passed down on 16.3.2022.
In this case note we discuss:
- The facts and procedural history of Stubbings v Jams 2 Pty Ltd
- The key issues for determination
- What the High Court had to say about the appellants conceding that there is nothing unconscionable about asset-base lending
- Erica's thoughts on the High Court holding that equitable intervention was justified "not merely to relieve the appellant from the consequences of his own foolishness, but to prevent his victimisation"
- The potential implications this judgment might have on future causes of action in equity
- Whether court intervention and protection should remain at the level it is now, or whether parties should resolve issues such as these independently
Read the full case on JADE now: https://jade.io/article/908939
Set up your JADE Alerts on cases you need to be across, to receive new judgments in your email inbox as soon as it is released.
LISTEN HERE!
SPOTIFY - https://lnkd.in/gcv-MyqN
APPLE PODCASTS - https://lnkd.in/gZkqeigK
18 other podcast directories available on our website - https://lnkd.in/gVmG_-Vk
Follow us on Instagram, LinkedIn and Facebook @thelawfluentpodcast @openlaw
28 episódios
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