1 Login or create new account.
2 Review your order.
3 Payment & FREE shipment

If you still have problems, please let us know, by sending an email to . Thank you!


Mon-Fri 9:00AM - 6:00AM
Sat - 9:00AM-5:00PM
Sundays by appointment only!

Breach no longer necessary; the High Court’s reconsideration of the penalty doctrine

by Richard Manly

(2013) 41 ABLR 314

In 1915 the House of Lords delivered reasons for judgment in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd in which it set out the applicable test and guidelines to determine whether a stipulated sum payable on breach of a contract was to be treated as liquidated damages and enforceable, or a penalty and hence unenforceable. That test was universally applied throughout the common law world. The High Court of Australia’s decision in 2012 in Andrews v Australia and New Zealand Banking Group has recast the test. This article reviews the first instance decision of Gordon J from the Federal Court of Australia together with the High Court decision and concludes that the latter is unsatisfactory, as it will be difficult to apply to a wide variety of commercial transactions and thereby lead to uncertainty and confusion in an area of contract law that had been trouble free for nearly a century.

Further information can be downloaded: Download


Subscribe to Download

Please provide your details to download.