Paciocco and Another v Australia and New Zealand Banking Group Ltd (CAN 005 357 522)

JurisdictionAustralia Federal only
Judgment Date2014
Neutral Citation2014-0205 FCA E
Date2014
Year2013
CourtFederal Court
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5 cases
8 firm's commentaries
  • Bank Fees Class Action In Australia Fails Before Full Federal Court
    • Australia
    • Mondaq Australia
    • 21 d4 Maio d4 2015
    ...and New Zealand Banking Group Limited [2015] FCAFC 50, [26] and [19] - [28]; Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35, [15] and [13] - [48] citing Andrews v Australia and New Zealand Banking Group Ltd (2012) 247 CLR 205; Dunlop Pneumatic Tyre Company Ltd v Ne......
  • Don't believe the Andrews hype - service credits are unlikely to be penalties
    • Australia
    • Mondaq Australia
    • 22 d2 Setembro d2 2015
    ...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 Cavendish Square Holding BV v Talal El Makdessi (Application UKSC 2013/0280) and ParkingEye Limited v Beavis (Applicati......
  • Bank Late Payment Fees Held to be Penalties – Class Action Risk for Other Industries
    • Australia
    • Mondaq Australia
    • 11 d2 Março d2 2014
    ...v ANZ [2014] FCA 35 The Federal Court of Australia (Federal Court) has held that late payment fees charged by a bank to its credit card customers were unlawful Paciocco v ANZ [2014] FCA 35 is the first case to be decided following the High Court of Australia's (High Court) decision in Andre......
  • Bank Fees Class Actions In Australia: Customers Recover Credit Card Late Payment Fees That Exceeded Bank's Costs
    • Australia
    • Mondaq Australia
    • 11 d2 Março d2 2014
    ...on whether ANZ will appeal the decision is expected shortly. Background Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 was a class action that proceeded on the basis that there would be a trial of all of the applicant's claims against ANZ. The applicants, Mr Pacioc......
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