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Andrews v Australia and New Zealand Banking Group Ltd

Judgment Cited authorities 55 Cited in 90 Precedent Map Related
Vincent
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
    • Request a trial to view additional results
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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