Orrcon Operations Pty Ltd v Capital Steel and Pipe Pty Limited

BESANKO J Letter of Credit The applicant’s claim First shipment The Commonwealth Bank Issues on the application for interlocutory relief A serious question to be tried in relation to the allegation that the pipe was defective A serious question to be tried in relation to the allegation of unconscionable conduct 1. The relationship between the autonomy principle and s 51AA of the TPA 2. Is it arguable as a matter of law that the facts as pleaded by Orrcon if established constitute unconscionable conduct within s 51AA? 3.        Is there a serious question to be tried that Orrcon will establish the facts it alleges amount to unconscionable conduct and, in particular, the first and third factual elements? A serious question to be tried in relation to other allegations The balance of convenience Conclusion