Zachariadis v Allforks Australia Pty Ltd [2009] VSCA 258 (13 November 2009)

CONTRACT – Penalties – Applicable test in deciding whether liquidated damages clauses in hire purchase agreements were penalties – Whether test applied correctly – Absence of formula calculating net loss, lack of difficulty in estimating net loss, lack of relationship between pre-estimates of damages caused by breach and amounts payable indicated that the clauses were penalties.

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Young Kelly Pty Ltd v Allied Seafreight & General Distribution Pty Ltd – [2009] VCC 1393

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Rahim, Charles v Seven Network Ltd & Ors (Ruling No.2) [2010] VCC 115 (Copy)