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Australia penaltiesrelief against penalties

Andrews v Australia and New Zealand Banking Group Ltd

(2012) 247 CLR 205
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Key Principle

penalty doctrine applies to all stipulations that are not genuine pre-estimates of damage; not confined to secondary obligations

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560
Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525
Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

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