business law | COMMERCIAL BANK OF AUSTRALIA LTD V AMADIO [1983] HCA 14; (1983) 151 CLR 447 (12 MAY 1983)


see the attached


Courses of action (that is, legal issues) used by Mr and Mrs Amadio to challenge the mortgage they had signed include:

  • Misrepresentation; the respondents argued that that the surety was limited to $50000 and limited to a duration of 6 months. The bank failed to make disclosure of the circumstances under which they were signing the surety. Thus, the failure amounted to misrepresentation of material facts;
  • Unconscionable bargain; and
  • Undue influence (Nickolas 2013).