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.