The Lawfluent Podcast

Case Note: Stubbings v Jams 2 Pty Ltd [2022] HCA 6

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
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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