As expected the Full Federal Court has overturned Colvin J's incorrect intepretation of unconscionability in the Quantum case.
The Full Federal Court found that Colvin J was in error by holding that the taking advantage or exploitation of some vulnerability, disability or disadvantage of the person or persons to whom the conduct was directed was a necessary aspect of unconscionability within s 21 of the ACL (para 93)The Court held at para 96 that:
Conduct by a commercial entity which, as here, systematically misuses its superior bargaining position by dishonestly misleading its counterparties and pressuring them by unjustified and unnecessary commercial requirements in a way that reflects a dishonest lack of good faith in undermining bargains previously reached in order to extract surreptitious and undisclosed financial benefits is against and offends an Australian business conscience.
I wonder how Colvin J's other unconscionable conduct case in Geowash is going to fare under Allsop CJ?
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