References: [2006] NSWCA 41, (2006) 14 BPR 26 639
Links: Austlii
Coram: Spigelman CJ Handley JA Basten JA
Ratio: 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.
This case cites:
- Cited – Director General of Fair Trading v First National Bank HL (House of Lords, Times 01-Nov-01, Bailii, [2002] 1 AC 481, [2001] UKHL 52, [2001] 3 WLR 1297, [2002] 1 LLR 489, [2001] 2 All ER (Comm) 1000, [2002] 1 All ER 97, [2002] ECC 22, [2002] 1 Lloyd’s Rep 489)
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 . .
(This list may be incomplete)
Last Update: 02-Aug-16
Ref: 450175