High Court of Australia – Contract – Breach – Penalty – Hire of vehicle for term – Liability of lessee on repossession before end of term – Provision that entire rent for term due at commencement of term – Entire rent not payable if instalments duly paid – Provision entitling lessor to retain possession and sue for total rent – No credit for accelerated payment – No credit for proceeds of sale of vehicle – Whether penalty – Equitable relief against forfeiture.
Judges:
Gibbs C.J.(1), Murphy(2), Wilson(3), Brennan(4) and Deane(5) JJ
Links:
Jurisdiction:
Australia
Cited by:
Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 09 May 2022; Ref: scu.593104
