Lucio Robert Paciocco and Another v Australia and New Zealand Banking Group Ltd

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Kiefel J,Gageler J,Keane J,Nettle J
Judgment Date27 July 2016
Neutral Citation[2016] HCA 28
Date27 July 2016
Docket NumberM219/2015 & M220/2015
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38 cases
  • Australian Securities and Investments Commission v Kobelt
    • Australia
    • High Court
    • 12 June 2019
    ...62 Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525 at 586 [185], 587 [188] per Gageler J, 620 [294] per Keane J; [2016] HCA 28. 63 ASIC Act, s 64 Blomley v Ryan (1956) 99 CLR 362 at 392, 405; [1956] HCA 81; Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447......
  • Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement)
    • Australia
    • Federal Court
    • 13 August 2021
    ...of financial services, and were recently considered by the High Court in Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525 (Paciocco (HCA)) and Kobelt. As the amicus curiae and the applicants agreed, the construction of unconscionable conduct adopted w......
  • De Belin v Australian Rugby League Commission Limited
    • Australia
    • Federal Court
    • 17 May 2019
    ...or otherwise with industry practice has broader relevance to the unconscionability question as Keane J explained in Paciocco (HC) [[2016] HCA 28; (2016) 258 CLR 525] at [290]:The appellants seek to stigmatise as unconscionable or unfair or unjust an activity in the marketplace in which noth......
  • Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd
    • Australia
    • Federal Court
    • 20 November 2020
    ...CJ, Besanko J at [371] and Middleton J at [398] agreeing) (Paciocco FCAFC); Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; 258 CLR 525 (Paciocco HCA); Commonwealth Bank of Australia v Kojic [2016] FCAFC 186; 249 FCR 421 (Kojic) at [53]-[59] (Allsop CJ, Besanko J at [6......
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7 firm's commentaries
  • Class Actions In Australia: 2016 In Review
    • Australia
    • Mondaq Australia
    • 21 March 2017
    ...Court of Australia delivered judgments in relation to two class actions. In Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 the High Court found that the bank fees, the subject of the class action, were not a penalty, nor did they contravene consumer protection laws......
  • Infrastructure contracts playing catch up to low embodied carbon construction materials
    • Australia
    • Mondaq Australia
    • 28 September 2021
    ...Clause, The Chancery Lane Project as one attempt to address these issues. 7 Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28. C.f the English law position in Cavendish Square Holding BV v El Makdessi [2015] UKSC The content of this article is intended to provide a genera......
  • Infrastructure contracts playing catch up to low embodied carbon construction materials
    • Australia
    • Mondaq Australia
    • 28 September 2021
    ...Clause, The Chancery Lane Project as one attempt to address these issues. 7 Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28. C.f the English law position in Cavendish Square Holding BV v El Makdessi [2015] UKSC The content of this article is intended to provide a genera......
  • Penalties and fairness of consumer and small business contracts
    • Australia
    • Mondaq Australia
    • 22 August 2016
    ...them for possible penalty clauses, following the recent High Court decision in Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 that found late payment fees charged by the ANZ on its credit cards were not unenforceable The High Court also rejected the customers' argu......
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2 books & journal articles
  • The Development of the High Court's Willingness to Overrule Common Law Precedent
    • United Kingdom
    • Federal Law Review Nbr. 45-2, June 2017
    • 1 June 2017
    ...law to take a different path to English law was noted in the dicta of French CJ in Paciocco v Australia and New Zealand Banking Group [2016] HCA 28 (27 July 2016) [6]–[10]. 9 An attempt has been made to identify the full population of cases where the High Court has explicitly overturned a p......
  • Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions
    • United Kingdom
    • Federal Law Review Nbr. 45-1, March 2017
    • 1 March 2017
    ...that might affect the interests of the customer—if the corporation 151 Ibid [347]. 152 Paciocco v Australia and New Zealand Banking Group [2016] HCA 28. 153 Ibid [290]. 154 Ibid [290]. 155 Ibid [293]–[294]. 156 Ibid [188] applying Attorney-General (NSW) v World Best Holdings Ltd (2005) 63 N......

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