Stubbings v Jams 2 Pty Ltd

JurisdictionAustralia Federal only
JudgeKiefel CJ,Keane,Gleeson JJ.,Gordon J,Steward J
Judgment Date16 March 2022
Neutral Citation[2022] HCA 6
Docket NumberM13/2021
CourtHigh Court
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3 cases
5 firm's commentaries
  • Unconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)
    • Australia
    • Mondaq Australia
    • 24 October 2022
    ...citing ACCC v Quantum Housing Group Pty Ltd [2021] FCAFC 40; (2021) 388 ALR 577, at [275] 20 Select AFSL citing Stubbings v Jams 2 Pty Ltd [2022] HCA 6; (2022) 96 ALJR 271, at 21 Ibid. The content of this article is intended to provide a general guide to the subject matter. Specialist advic......
  • Lenders beware: Independent advice certificates not a substitute for proper due diligence
    • Australia
    • Mondaq Australia
    • 26 April 2022
    ...recent case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6 (Stubbings), the High Court of Australia provided a helpful reminder that independent advice certificates are not a tool for lenders to bypass proper due diligence. It is crucial for lenders to remain vigilant when assessing potential b......
  • High Court lays down the law on asset-based lending
    • Australia
    • Mondaq Australia
    • 6 April 2022
    ...assessment of the value of assets, such as property, which the borrower provides as security for the loan. In Stubbings v Jams 2 Pty Ltd [2022] HCA 6, Mr Stubbings was the director of a shell company that had never traded or held any assets. Whilst Mr Stubbings was an unsophisticated indivi......
  • High Court pounces on predatory lending practices
    • Australia
    • Mondaq Australia
    • 20 April 2022
    ...designed to protect a party, even if they involve normal commercial practice. Footnotes 1 Jeffrey William Stubbings v JAMS 2 Pty Ltd & Ors [2022] HCA 6 2 Ibid at 3 Ibid at [1] 4 (2013) 250 CLR 392 at 401-402 [20] 5 Jeffrey William Stubbings v JAMS 2 Pty Ltd & Ors [2022] HCA 6 at [39] 6Ibid ......
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