Liliana Forza v Jaimex Nominees Pty Ltd

In the matter of *Liliana Forza v Jaimex Nominees Pty Ltd*, the Supreme Court of Victoria considered a dispute concerning the enforceability of a guarantee. The applicant, Liliana Forza, sought to set aside a guarantee she had provided in favour of the respondent, Jaimex Nominees Pty Ltd, in relation to a loan made to a company.

The central legal issue before the Court was whether the guarantee was voidable due to unconscionable conduct on the part of the respondent. Specifically, the Court had to determine if the respondent had exploited the applicant's special disadvantage, and if the respondent had acted unconscionably in procuring the guarantee.

Justice Nicole Worth found that the applicant had failed to establish the necessary elements for unconscionable conduct. Her Honour noted that while the applicant may have been under financial pressure, this did not amount to a special disadvantage that rendered her incapable of protecting her own interests. Furthermore, the Court was not satisfied that the respondent had acted unconscionably in its dealings with the applicant, finding that the applicant had received independent legal advice and understood the nature of the guarantee she was signing. Consequently, the Court dismissed the application.