Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd

[2003] HCA 18
Judgment date
Case number
P64/2002
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Trade Practices Act 1974 (Cth) – s 51AA(1) - Where conduct was in a commercial context - Condition for renewal of lease - Required by lessor - Lessees to abandon legal claims against lessor - Whether conduct of lessor unconscionable.

Equity – Unconscionable conduct - Where conduct was in a commercial context - Condition for renewal of lease - Required by lessor - Lessees to abandon legal claims against lessor - Whether unconscientious exploitation of special disadvantage of another - Relevance of inequality of bargaining power to finding of special disadvantage.

Words and phrases – "unconscionable within the meaning of the unwritten law", "special disadvantage".

Trade Practices Act 1974 (Cth) – s 51AA(1).

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