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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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