BRADBURY v AUSTRALIAN GUARANTEE CORPORATION LTD and ORS [1997] NSWCA 47

BRADBURY v AUSTRALIAN GUARANTEE CORPORATION LTD and ORS [1997] NSWCA 47

There was no unconscionable conduct by AGC, Mrs Bradbury was aware of the nature of the documents she signed, no relevant disability existed, and the circumstances did not justify relief under the Contracts Review Act 1980. AGC did not owe nor assume any duty to provide commercial advice.

Parties
Appellant: Mrs Bradbury; First Respondent: Australian Guarantee Corporation Ltd (AGC); Company for Which Appellant Guaranteed Liabilities: International Rigging (Aust) Pty Ltd (IRA)
Jurisdiction
Australia
Judgment Date
01 July 1997
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Guarantee, Unconscionable Conduct, Assignment of Shares, Relief Under Contracts Review Act 1980
Contracts Property Law Equity Guarantee Unconscionable Conduct Assignment of Shares Relief Under Contracts Review Act 1980

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Parties

Mrs Bradbury

Appellant

Australian Guarantee Corporation Ltd (AGC)

First Respondent

International Rigging (Aust) Pty Ltd (IRA)

Company for Which Appellant Guaranteed Liabilities

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was unconscionable conduct by AGC.
  2. 2 Whether AGC breached any duty of care to Mrs Bradbury.
  3. 3 Whether the Contracts Review Act 1980 provides relief to Mrs Bradbury on grounds of disability or extraordinary circumstances.

Ratio Decidendi

There was no unconscionable conduct by AGC, Mrs Bradbury was aware of the nature of the documents she signed, no relevant disability existed, and the circumstances did not justify relief under the Contracts Review Act 1980. AGC did not owe nor assume any duty to provide commercial advice.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • As against Mrs Bradbury, AGC entitled to vacant possession of the Units