Tag Archives: contract law

High Court says that bank fees may be penalties

In Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, the Australian High Court decided that bank fees may potentially be penalties, notwithstanding the fact that the trigger for the imposition of most of the fees was not a breach of contract. I’ve already outlined the law against penalties in some detail […]

Speak of the devil: the High Court rules on penalties

Only the other day, Sinclair Davidson and I were debating the nature of bank fees and whether they were penalties. In that post, I noted the case of Andrews v Australian and New Zealand Banking Group [2011] FCA 1376 where customers of the ANZ were suing it in relation to a variety of fees the […]

Yes, the law really does abhor a penalty

Sinclair Davidson at Catallaxy has written a post on excessive fees charged by banks, and said this: [The argument that the fees were designed purely to enrich the bank] is a bit hard to take. When you begin a banking relationship you normally sign a contract that includes the fees that you’ll pay for various […]

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]

Bathe is not the same as swim…

You have to feel pretty sorry for the New South Wales couple who thought that they had a winning scratchie ticket. The rules of the ticket were that if the word and the picture matched, the person got the stipulated sum of money: Bale Kuzmanovski felt an ”explosion of elation” when the instant scratchie his […]

A mixture problem

Have you ever made a good cocktail by accident? You know, where you combine various ingredients — including quite a few that don’t seem to go together — and yet finish up with something awesome? Yeah, doesn’t happen often, does it? Or it only tastes good when you’re drunk. Taste the mix again later — […]

Failure of consideration and food poisoning

Via the Restitution Discussion Group, a fascinating case…this time a celebrity diner who became violently ill after eating a meal at a celebrity restaurant. From The Independent: Boxing TV host Jim Rosenthal lost a legal bout with chef Heston Blumenthal today as a judge ruled he should not be refunded for a £1,300 meal which […]

Contract damages – the rhetoric-reality gap

In my chosen area of study, much ink is spilled on the topic of whether contract damages merely compensate for loss, or whether there are other exceptional measures of damages which may be employed (gain-based damages of various types, punitive damages etc). Still, there are some things we agree on. If you look in a […]