Andrews v Australia and New Zealand Banking Group Ltd

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Gummow,Crennan,Kiefel,Bell JJ
Judgment Date06 September 2012
Neutral Citation2012-0906 HCA A,[2012] HCA 30
Date06 September 2012
Docket NumberM48/2012
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45 cases
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • United Kingdom
    • Supreme Court
    • 4 November 2015
    ...departure from the previous understanding of the law occurred with the decision of the High Court of Australia in Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205. The background to this case was very similar to that in Office of Fair Trading v Abbey National plc [2......
  • Lucio Robert Paciocco and Another v Australia and New Zealand Banking Group Ltd
    • Australia
    • High Court
    • 27 July 2016
    ...Group Ltd (2011) 211 FCR 53 at 140–142. 9 (2008) 257 ALR 292. 10Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; [2012] HCA 30. 11Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205 at 219 12 The primary judge, consistently with her finding in A......
  • Brown v Health Services Union
    • Australia
    • Federal Court
    • Invalid date
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21 firm's commentaries
  • Time Bars In An International Context
    • United Kingdom
    • Mondaq UK
    • 26 November 2015
    ...the situation might be slightly different. There was a High Court decision, Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, which although it related to the enforceability or otherwise of a banking overdraft facility, caused many commentators[10] to suggest that it migh......
  • Is your default interest clause enforceable, or is it a penalty?: The importance of careful drafting
    • Australia
    • Mondaq Australia
    • 24 February 2020
    ...Limited (1914) AC 79 (Dunlop). See also Ringrow Pty Ltd v BP Australia Pty Ltd (2005) 224 CLR 656, Andrews v ANZ Banking Group Ltd [2012] HCA 30 and Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 2 Legione v Hateley (1983) 152 CLR 406 at 446. 3 Dunlop at 86-87. 4 Dunl......
  • No knockout blow in bank fees class actions (<i>Paciocco v ANZ</i>)
    • Australia
    • Mondaq Australia
    • 24 February 2014
    ...in the Paciocco case is informed by the High Court's subsequent judgment in Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30 (Andrews HC). HISTORY OF THE BANK FEES CLASS ACTIONS 22 September 2010: First bank fees class action filed against ANZ. 5 December 2011: Justice Go......
  • Don't believe the Andrews hype - service credits are unlikely to be penalties
    • Australia
    • Mondaq Australia
    • 22 September 2015
    ...that do not excessively punish a poor performer. Footnotes 1 Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; [2012] HCA 30. 2 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 321 ALR 584; [2015] FCAFC 50. 3 (2014) 309 ALR 249; [2014] FCA 35. 4 Cavendis......
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1 books & journal articles
  • Good faith and Post-Repudiation Conduct
    • Australia
    • University of Western Australia Law Review Nbr. 40-1, December 2015
    • 1 December 2015
    ...he concluded, ‘some general equitable principle or element of public policy’54 51In the High Court case of Andrews v ANZ [2012] HCA 30 it was confirmed that even without being triggered by a breach, a term in a contract may still constitute a penalty clause. The argument that can be made he......

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