Andrews v Australia and New Zealand Banking Group Limited

Banker and customer – Penalty doctrine – Consumer and commercial credit card accounts – Honour fee – Dishonour fee – Late payment fee – Non-payment fee – Over limit fee – Whether those fees penalties – Whether penalty doctrine limited to circumstances where there is breach of contract – Significance of law respecting penal bonds – Grounds for equitable intervention – Whether penalty doctrine now wholly a rule of common law.

Equity – Doctrines and remedies – Relief against penalties – Significance of law respecting penal bonds – Whether relief available only in cases of breach of contract – Whether penalty doctrine now wholly a rule of common law.

Words and phrases – "bond", "condition", "dishonour fee", "exception fees", "honour fee", "penalty".

Federal Court of Australia Act 1976 (Cth) – Pt IVA, ss 5, 21, 24(1A).

Judiciary Act 1903 (Cth) – s 80.

Judicature Act 1873 (UK) – s 24(11).