Andrews v Australia and New Zealand Banking Group Ltd
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Gummow,French CJ,Crennan,Kiefel |
| Judgment Date | 06 September 2012 |
| Neutral Citation | 2012-0906 HCA A,[2012] HCA 30 |
| Docket Number | M48/2012 |
| Date | 06 September 2012 |
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46 cases
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Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
...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......
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Lucio Robert Paciocco and Another v Australia and New Zealand Banking Group Ltd
...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......
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23 firm's commentaries
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Time Bars In An International Context
...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......
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Is your default interest clause enforceable, or is it a penalty?: The importance of careful drafting
...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......
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No knockout blow in bank fees class actions (<i>Paciocco v ANZ</i>)
...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......
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Don't believe the Andrews hype - service credits are unlikely to be penalties
...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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2 books & journal articles
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Good faith and Post-Repudiation Conduct
...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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Contract law reform: Legislators or judges – or both?
...r ule revis ited’ (2016) 132 LQR 382. Th is is ak in to the lang uage used in Andrews v Austra lia and New Zeal and Banking G roup Ltd [2012] HCA 30, (2012) 247 CLR 20 5.55 JC Fisher ‘Rea rticu lating t he rule ag ainst pen alty cl auses’ 2016 LMCLQ 169–75 at 171. © Juta and Company (Pty) 7......