Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30

Damages: Avoiding a penalty

Noel McMichael and Clare Arthurs analyse the impact of Makdessi ‘The Supreme Court looked at two main questions: when is the penalty rule engaged, and what makes a contractual provision penal?’ The Supreme Court has re-examined the rule against penalties in contracts. Its judgment in the joined cases of Cavendish Square Holding BV v El …

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The Law On Penalties: Where are we now?

Natalie Appleby considers the position on penalties after the recent Supreme Court ruling in Cavendish and ParkingEye ‘The Supreme Court considered the development of the doctrine over time and declared that Lord Dunedin’s four tests from Dunlop have been taken out of context and applied too rigidly as a “quasi-statutory code”.’ Just over a century …

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