Lucio Robert Paciocco and Another v Australia and New Zealand Banking Group Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Kiefel J,Gageler J,Keane J,Nettle J |
| Judgment Date | 27 July 2016 |
| Neutral Citation | [2016] HCA 28 |
| Docket Number | M219/2015 & M220/2015 |
| Court | High Court |
| Date | 27 July 2016 |
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51 cases
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Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners; Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners
...... 2005 ] 3 WLR 212 , CA Lehman Bros Australia Ltd v MacNamara [2020] EWCA Civ 321 ; [ 2020 ] ... 1337 ; [ 2019 ] 4 WLR 146 , CA Paciocco v Australia and New Zealand Banking Group Ltd ... Another is the Foreign Income Dividends (“FID”) Group ... of Arden LJ, with which Aldous and Robert Walker LJJ agreed, in Biggs v Sotnicks [2002] ......
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De Belin v Australian Rugby League Commission Limited
...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 The appellants seek to stigmatise as unconscionable or unfair or unjust an activity in the marketplace in which nothing ma......
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Australian Securities and Investments Commission v Kobelt
...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......
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Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd
...v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50; 236 FCR 199 Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; 258 CLR 525 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; 149 CLR 191 Perre v Apand Pty Ltd [1999] HCA 36; 198 CLR 180 Pro......
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9 firm's commentaries
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Class Actions In Australia: 2016 In Review
...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......
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Infrastructure contracts playing catch up to low embodied carbon construction materials
...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......
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Infrastructure contracts playing catch up to low embodied carbon construction materials
...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......
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Penalties and fairness of consumer and small business contracts
...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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5 books & journal articles
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The legal and commercial frameworks
...(2008) 8 Queensland University of Technology Law and Justice Journal 444. See also Paciocco v Australia and New Zealand Banking Group Ltd [2016] hCa 28 at [123], per Gageler J. In Singapore, equity (as inherited from the English legal system) is applied, with necessary developments and adju......
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...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......
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Table of cases
...Investments Ltd v Victoria (City), 2004 SCC 75 ....................... 13 Paciocco v Australia and New Zealand Banking Group Ltd, [2016] HCA 28, (2016) 258 CLR 525 .......................................................... 426 Page One Records Ltd v Britton (trading as The Troggs) (1967), [......
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Specific Performance: General Principles
...Court of Australia and the New Zealand Supreme Court have adopted this approach: Paciocco v Australia and New Zealand Banking Group Ltd , [2016] HCA 28, (2016) 258 CLR 525; 127 Hobson Street Ltd v Honey Bees Preschool Ltd , [2020] NZSC 53. 125 Tritav Holdings Ltd v National Bank of Canada (......
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