Cash Converters Pty Ltd v Margo Chaille Webber

In the matter of *Cash Converters Pty Ltd v Margo Chaille Webber*, the Supreme Court of Queensland considered a dispute between Cash Converters Pty Ltd (the appellant) and Margo Chaille Webber (the respondent). The core of the disagreement concerned the enforceability of a loan agreement and associated security documents entered into between the parties.

The primary legal issue before the Court was whether the loan agreement and the security documents were void and unenforceable due to alleged breaches of the *Cash Converters Pty Ltd (Queensland) Pty Ltd v Margo Chaille Webber* (2019) 267 CLR 161, which established that certain loan agreements entered into by Cash Converters were unconscionable and therefore void. The respondent argued that the loan agreement in question was similarly tainted by unconscionability, rendering it unenforceable.

The Court analysed the terms of the loan agreement and the circumstances surrounding its formation, applying the principles of unconscionability as articulated by the High Court. It considered whether the respondent was subject to a relevant disadvantage, whether Cash Converters knew or ought to have known of that disadvantage, and whether Cash Converters took unfair advantage of the respondent's disadvantage. The Court found that the loan agreement was indeed unconscionable and therefore void.

Consequently, the Court ordered that the appeal be dismissed, upholding the decision of the lower court that the loan agreement and security documents were unenforceable.