20 Jun 2008
GUSTAV & CO LIMITED V MACFIELD LIMITED SC 39/2007
- Citation
- GUSTAV & CO LIMITED V MACFIELD LIMITED SC 39/2007
- Court
- Supreme Court
The Court held unconscionability must be assessed at the date the transaction is entered into (when contractual rights arise, conditional or unconditional); on the facts (assessment at 3 November 2003) Parkinson did not suffer a disadvantage that prevented him protecting Gustav's interests, Macfield lacked knowledge that would make retention of the bargain unconscientious, and therefore the contract was not unconscionable; appeal dismissed.