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an expansion of the common law meaning

? ACCC also argues, in the alternative, that the case was one of unconscionable dealing

Full Court of the Federal Court(Gray, French and Stone J):

? Rejects the argument that s 51AA refers to the dictionary meaning of unconscionability

? The reference is not to be construed at large ? s 51AA refers to the unwritten law (specific common law equitable doctrines)

? The relevant unwritten law is not confined to unconscionable dealing, which is only one of several doctrines involving unconscionability

? There are also other doctrines where unconscionability is relevant like unilateral mistake, forfeiture and penalties, etc

? The underlying idea is that a person may not exercise their strict legal rights unconscionably

? This is not a specific equitable doctrine, just an overarching simple principle

? Therefore, s 51 AA is not limited to unconscionable dealing

? But it is limited to specific equitable doctrines

? That is, the court cannot just apply general principles of equity to resolve the dispute...

an expansion of the common law meaning

? ACCC also argues, in the alternative, that the case was one of unconscionable dealing

Full Court of the Federal Court(Gray, French and Stone J):

? Rejects the argument that s 51AA refers to the dictionary meaning of unconscionability

? The reference is not to be construed at large ? s 51AA refers to the unwritten law (specific common law equitable doctrines)

? The relevant unwritten law is not confined to unconscionable dealing, which is only one of several doctrines involving unconscionability

? There are also other doctrines where unconscionability is relevant like unilateral mistake, forfeiture and penalties, etc

? The underlying idea is that a person may not exercise their strict legal rights unconscionably

? This is not a specific equitable doctrine, just an overarching simple principle

? Therefore, s 51 AA is not limited to unconscionable dealing

? But it is limited to specific equitable doctrines

? That is, the court cannot just apply general principles of equity to resolve the dispute...

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