Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract
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...
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| Main Authors: | , |
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2017
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2138 https://ink.library.smu.edu.sg/context/sol_research/article/4090/viewcontent/ConvergenceAustEnglishCommonLaw_2017.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | 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 these cases. |
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