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Commonwealth Bank of Australia v Kojic [2016] FCAFC 186

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CONSUMER LAW - whether corporation engaged in unconscionable conduct contrary to s 51AB or s 51AC of the Trade Practices Act 1974 (Cth) or Australian Securities and Investments Commission Act 2001 (Cth) - approach to the assessment of statutory proscriptions against unconscionable conduct - whether unconscionable conduct requires a "high degree of moral obloquy" - no unitary test for the application of a statutory proscription of unconscionability - officers and employees did not act unconscionably - corporation did not act unconscionably CONSUMER LAW - whether knowledge of officers and employees can be aggregated and attributed to a corporation for the purposes of finding unconscionable conduct by a corporation - where officers and employees did not individually act unconscionably - analysis of Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563 - knowledge of employees could not be aggregated to determine whether the corporation acted unconscionably

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