End Of Year Extravaganza - The Wigs Tackle Equity And The Doctrine of Unconscionability + Year In Review!

In the last episode for 2022, The Wigs look at a recent civil law decision of the High Court in the case of Stubbings v Jams 2 Pty Ltd 2022 HCA 6. The case concerned a man who was signed up by so-called 'pure asset-based lenders' to a mortgage agreement he would inevitably default on. As he did not have sufficient income, this led to the inevitable loss of his mortgaged asset. The High court considered whether the equitable doctrine of unconscionability should operate to set aside the transaction. Unconscionability is a rule of law deriving from equity where a court can relieve a person from the otherwise binding legal effect of an arrangement where the conduct and arrangement was so involved so unjust and one-sided, that they were contrary to good conscience and should not be enforced. Secondly, The Wigs undertake a year in review, discussing and updating the various cases and topics covered during a year of episodes. Last up of course is fun things!See omnystudio.com/listener for privacy information.