Stubbings v. Jams 2 Pty Ltd & Ors
Case No.
M13/2021
Case Information
Lower Court Judgment
05/08/2020 Supreme Court of Victoria (Court of Appeal) (Beach, Kyrou and Hargrave JJA)
Catchwords
Equity – Unconscionable conduct – Wilful blindness – Where applicant borrowed from respondent lenders secured only on applicant’s assets – Where applicant without regular income and defaulted – Where respondents’ system of asset-based lending included deliberate intention to avoid receipt of information about personal and financial circumstances of borrower or guarantor –Where certificate of independent financial advice given in respect of transaction – Where respondents brought proceedings for possession of applicant’s assets – Where primary judge found respondents wilfully blind and had actual knowledge as to applicant’s personal and financial circumstances – Where respondents successfully appealed to Court of Appeal, which overturned primary judge’s findings as to knowledge – Whether lender’s conduct unconscionable by engaging in system of asset-based lending without receipt of information about personal or financial situation of borrower, or alternatively, wilfully or recklessly failing to make such enquiries an honest and reasonable person would make – Whether Court of Appeal entitled to overturn findings of primary judge as to respondents’ knowledge.
Documents
12/02/2021 Hearing (SLA, Canberra)
26/02/2021 Notice of appeal
16/04/2021 Written submissions (Appellant)
16/04/2021 Chronology (Appellant)
28/05/2021 Written submissions (Respondents)
18/06/2021 Reply
14/10/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
14/10/2021 Outline of oral argument (Appellant)
14/10/2021 Outline of oral argument (Respondents)
16/03/2022 Judgment (Judgment summary)