Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Good Living Company Pty Limited ATF the Warren Duncan Trust No 3 v Kingsmede Pty Ltd [2019] FCA 2170 File number: NSD 2304 of 2017
Judge: MARKOVIC J
Date of judgment: 20 December 2019
Catchwords: CONSUMER LAW – application pursuant to s 21 of Sch 2 of the Competition and Consumer Act 2010 (Cth) (ACL) – where applicants provided security for bank guarantee provided under lease between a related company and the respondents – where respondents called on the bank guarantee prior to entry into deed of settlement and release – whether applicants can rely on s 21 in the circumstances – whether respondents engaged in unconscionable conduct in calling on the bank guarantee – application dismissed CONSUMER LAW – application pursuant to s 20 of the ACL – where respondents received and retained moneys provided after bank guarantee called – whether respondents acted unconscionably – whether respondents unjustly enriched at the expense of the applicants – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 20, 21
Cases cited: Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Ltd (2003) 214 CLR 51 Australasian Conference Association Ltd v Mainline Constructions Pty Ltd (in liquidation) (1978) 141 CLR 335 Cargill International SA v Bangladesh Sugar and Food Industries Corp [1996] 4 All ER 563; 2 Lloyd's Rep 524 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458; [2008] FCAFC 136 Ideas Plus Investments Ltd v National Australia Bank Ltd (2006) 32 WAR 467 Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia (2002) 122 FCR 110 O'Sullivan v National Australia Bank Ltd [1998] NSWSC 303 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199 Tameeka Group Pty Ltd v Landan Pty Ltd (No 3) [2016] FCA 733 Wong v Huisman [2010] QSC 192 Wood Hall Ltd v Pipeline Authority (1979) 141 CLR 443
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