Austlii (Supreme Court of New South Wales – Court of Appeal) CONTRACTS – Unjust contracts – Determination that a contract ‘unjust’ – Appellate review – Nature of decision appealed from – Conclusion that ‘unjust’ – Whether discretionary – Whether reviewable – Discussion – Contracts Review Act 1980, s7.
CONTRACTS – Unjust contracts – When contract ‘unjust’ – Courts to apply contemporary standards of what is ‘unjust’ – Court cannot be constrained by other decisions as if they were rules – Relevant circumstances – Where money borrowed for investment – Purpose of the loan – Lender’s indifference to purpose of loan – Lender’s failure to adhere to its own lending guidelines.
Judges:
Spigelman CJ Handley JA Basten JA
Citations:
[2006] NSWCA 41, (2006) 14 BPR 26 639
Links:
Jurisdiction:
Australia
Citing:
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Lists of cited by and citing cases may be incomplete.
Commonwealth
Updated: 08 May 2022; Ref: scu.450175