This note discusses the High Court of Australia decision of Paciocco v Australia and New Zealand Bank Group Limited on the rule against penalty clauses and situates its importance in light of the UK Supreme Court decision of Cavendish Square Holding BV v Talal El Makdessi and Beavis v ParkingEye Ltd.
It compares the analytical frameworks laid down in the two cases and
points out some unresolved issues in this area of law even following
Contracts, Australia common law, English common law
Commercial Law | Contracts
Common Law World Review
SAGE Publications (UK and US)
YIP, Man and GOH, Yihan.
Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract. (2017). Common Law World Review. 46, (1), 61-68. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/2138
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Available for download on Tuesday, July 31, 2018