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Parker v Mortgage Advance Securities Pty Ltd [2003] QCA 275
JUDGE(S):
Davies JA, Williams JA, Jerrard JA
DELIVERED ON:
11 July 2003
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Editorial Notes
Published Case Name:
Parker v Mortgage Advance Securities P/L
Shortened Case Name:
Parker v Mortgage Advance Securities Pty Ltd
MNC:
[2003] QCA 275
Court:
QCA
Judge(s):
Davies JA, Williams JA, Jerrard JA
Date:
11 Jul 2003
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
SC No 7770 of 2002 (no citation)
20 Nov 2002
Applicant applied under s 471B Corporations Act 2001 (Cth) for leave to commence proceedings against respondent company in liquidation; where applicant alleged that respondent's mortgage over her property was obtained by unconscionable conduct; whether serious question to be tried; leave to proceed refused: de Jersey CJ
Appeal Determined (QCA)
[2003] QCA 275
11 Jul 2003
Applicant appealed against refusal to grant leave to proceed; where some medical evidence supporting lack of capacity; where applicant elderly and financially vulnerable which supported allegation of unconscionable conduct; appeal allowed with costs and order below set aside in lieu of leave to institute proceedings: Davies, Williams and Jerrard JJA
Appeal Status
Appeal Determined (QCA)
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