Convergence between Australian common law and English common law: The rule against penalties in the age of freedom of contract

• Main Authors: YIP, Man, GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2017
• Subjects: Contracts; Australia common law; English common law; Commercial Law
• 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
• Institution: Singapore Management University

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.