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Case Note: Stubbings v Jams 2 Pty Ltd [2022] HCA 6
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Rhea Stafidas & Isabella Elena Carrozzi
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
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