Greentown Bellambi Pty Ltd v Wong [2017] NSWSC 872

Supreme Court New South Wales

Medium Neutral Citation: Greentown Bellambi Pty Ltd v Wong [2017] NSWSC 872 Hearing dates: 27 and 28 June 2017 Decision date: 03 July 2017 Jurisdiction: Common Law Before: Ball J Decision: (1) Judgment for the plaintiff against the second defendant in the sum of $15,098,166.19;

(2) The second defendant pay the plaintiff's costs of the proceedings against the second defendant. Catchwords: CONTRACTS – unconscionable conduct – whether third party acted unconscionably in obtaining guarantee – whether contract should be set aside EQUITY – unconscionable conduct – special disability or disadvantage – third parties – wife acting as surety for husband's debts EQUITY – unconscionable conduct – special disability or disadvantage – independent advice – whether creditor took adequate steps to ensure wife had independent advice Legislation Cited: Australian Consumer Law Contracts Review Act 1980 (NSW) Trade Practices Act 1974 (Cth) s 51AA Cases Cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51; [2003] HCA 18 Blomley v Ryan (1956) 99 CLR 362; [1956] HCA 81 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447; [1983] HCA 14 Garcia v National Bank of Australia Ltd (1998) 194 CLR 395; [1998] HCA 48 Yerkey v Jones (1939) 63 CLR 649; [1939] HCA 3 Category: Principal judgment Parties: Greentown Bellambi Pty Ltd ACN 107 439 985 (Plaintiff) Alfred Chi Wai Wong (First Defendant) Liza Noi Kiu Wong (Second Defendant) Representation: Counsel: JG Harrowell AM, Solicitor (Plaintiff) TD Tzovaras, Solicitor (Second Defendant)