Catchwords

TRADE AND COMMERCE – TRADE PRACTICES AND RELATED MATTERS – CONSUMER PROTECTION – MISLEADING, DECEPTIVE OR UNCONSCIONABLE CONDUCT – CHARACTER AND ATTRIBUTES OF CONDUCT – REPRESENTATIONS – where the respondent represented to the appellant that they would pursue another before pursuing the appellant in respect of defaults under the lease- whether the representation amounted to misleading and deceptive conduct pursuant to s 87 of the Trade Practices Act 1974 (Cth)

PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – SUMMARY JUDGMENT – whether the primary judge erred in refusing unconditional leave to defend

EQUITY – GENRAL PRINCIPLES – UNDUE INFLUENCE AND DURESS – PRESUMPTION FROM RELATIONSHIP OF PARTIES – HUSBAND AND WIFE – where the respondent sought to enforce a guarantee against the appellant -whether the appellant was a volunteer- whether it would be unconscionable to enforce the guarantee against the respondent- whether the primary judge erred in giving leave to defend