Tag

Contract Archives - Greg Carter

Credit card late payment fees

High Court finds that credit card late payment fees do not constitute unenforceable penalties

By | Contract

A win for ANZ (and other banks in similar litigation) but a decision that has increased the scope for disputation concerning alleged penalties.  The case is Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28….

Read More
reasonable endeavours

High Court provides guidance on “reasonable endeavours” contractual obligations

By | Contract

In Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 the majority of the High Court (French CJ, Hayne, Crennan and Kieffel JJ) has provided important general observations on the proper construction of obligations to use…

Read More