Full Court Minute Books

Case M48/2012

Andrews and Ors v. Australia and New Zealand Banking Group Limited

Case No.


Case Information


Contract law — Liquidated damages — Law of penalties — History of the law of penalties — Law of penalties in Australia and United Kingdom — Relationship between equity and the common law — Requirement for breach — Relationship between banker and customer — Applicants customers of respondent ("ANZ") — ANZ charged customers a variety of fees for overdrawn facilities, overdrawn accounts, dishonouring instructions and over-limit credit card accounts ("Exception Fees") — Whether Exception Fees were capable of characterisation as penalties — Whether the "jurisdiction" in respect of penalties is available only at common law or remains alive in equity — Scope of jurisdiction in equity — Whether relief against penalties requires a breach of contract — Whether jurisdiction to relieve against penalties capable of application in any transaction where, viewed as a matter of substance, an obligation is imposed on one party to pay a sum of money or transfer property to the other in order to secure the performance or enjoyment of a principal object of that transaction — Consideration of core banking law principles pertaining to banker customer relationship — Whether relief against penalties available against Exception Fees.

Short Particulars


11/05/2012 Hearing (Removal, Canberra)

23/05/2012 Cause removed - Appeal

08/06/2012 Written submissions (Applicants)

08/06/2012 Chronology (Applicants)

29/06/2012 Written submissions (Respondent)

16/07/2012 Reply

14/08/2012 Hearing (Full Court, Canberra)

06/09/2012 Judgment  (Judgment summary)

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