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Agito Nominees Pty Ltd v Paras

Agito Nominees Pty Ltd v Paras

Case [2015] VCC 1004

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AGLC: Agito Nominees Pty Ltd v Paras [2015] VCC 1004
Case: [2015] VCC 1004
Decision Date: 27 July 2015

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Agito Nominees Pty Ltd v Paras [2015] VCC 1004

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158
Citation 1

…See the Court of Appeal in Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158.…
Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30
Citation 2

…ges are intended to be compensatory rather than punitive. The High Court’s recent decision in Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30 establishes that a fee which secures compliance with contractual obligations will only be enforceable if it represents a genuine estimate of the loss t…
McMahon v National Foods Milk Ltd [2009] VSCA 153
Citation 3

…t has to be a party to the novation in the sense that CVC Shepparton was to assume its obligations in consideration of which it was to be discharged: McMahon v National Foods Milk Ltd (2009) 25 VR 251 at [80] per Nettle JA (Neave and Dodds-Streeton JJA concurring).…
Yarra Capital Group Pty Ltd v Sklash Pty Ltd [2006] VSCA 109
Citation 4 (Para 11)

…ercial transaction. In the plaintiff’s view, this being second mortgage lending, it was not a penalty: Yarra Capital Group Pty Ltd v Sklash Pty Ltd [2006] VSCA 109 ( Sklash ) at [11], [16] and [17].…
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd [1987] HCA 15
Citation 5

…al. In Beil , his Honour had rejected the maintenance of the remaining defences based on Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549.…
AMEV-UDC Finance Ltd v Austin [1986] HCA 63
Citation 6

…he terms of the interest rate as being unenforceable in equity by reason of being unconscionable or oppressive: see AMEV-UDC Finance Limited v Austin (1986) 162 CLR 170.…
Fightvision Pty Ltd v Onisforou [1999] NSWCA 323
Citation 7

…ion of intention whether there has been an actual release of the original loan and extrinsic evidence may be admitted to show the relevant intention: Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473 at [75], cf Lewison and Hughes, the Interpretation of Contracts in Australia, Lawbook Co 2012 at pp 20, 24, 27-28, 30, 122-123, 126. The…
McCarthy v McIntyre [1999] FCA 784
Citation 8

…nt question is whether the defendants can be reasonably taken to have assented to the term: Maxitherm Boilers Pty Ltd v Pacific Dunlop Ltd [1998] 4 VR 559 at 569. This is a question of fact for the trial judge.…

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