International Skin Care Suppliers Pty Ltd v Commonwealth Bank of Australia; Commonwealth Bank of Australia v Scott William Michaelson; Commonwealth Bank of Australia v Stephen John Ruskin; Commonwealth Bank of Australia v Scott William Michaelson [2013] NSWSC 1768 (29 November 2013)

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1768.html

FINANCIAL SERVICES – ss 12CA and 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) – whether bank misleadingly or deceptively represented that it would not regard appointment of voluntary administrators as an Event of Default under a loan facility – whether bank unconscionably procured and relies on releases and bars in a Deed of Forbearance – whether loss suffered by appointment of receivers to properties which were security under the facility and guarantees – whether quantum is established – CONTRACTS – s 7(1) of the Contracts Review Act 1980 (NSW) – whether personal guarantees were unjust in the circumstances relating to them at the time they were made – whether it is unconscionable under the general law to enforce them