Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reilly v Australia and New Zealand Banking Group Limited (No 2) [2020] FCA 1502 File number: VID 133 of 2020
Judge: O'BRYAN J
Date of judgment: 19 October 2020
Catchwords: PRACTICE & PROCEDURE – representative proceeding – consumer credit insurance policy – strike out application – principles to be applied – whether summary dismissal application should be determined prior to opt out CONSUMER LAW – statutory limitation periods in the Australian Securities and Investments Commission Act 2001 (Cth) – breadth of statutory injunction power – whether mandatory injunction to pay refunds within power CONTRACTS – unilateral mistake – principles governing equitable rescission for unilateral mistake – whether rescission limited to a mistake concerning contractual terms – proper characterisation of alleged mistake UNCONSCIONABLE CONDUCT – whether pleaded allegations of unconscionable conduct vague or embarrassing
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12BAA, 12BAB, 12CB, 12DA, 12GD, 12GF, 12GH, 12GM Competition and Consumer Act 2010 (Cth) ss 82, 87 Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) ss 236, 238 Corporations Act 2001 (Cth) ss 764A, 961B, 961G, 961M, 1324 Federal Court of Australia Act 1976 (Cth) ss 24(1D)(b), 31A, 33C, 33V, 33ZB, 37M Federal Court Rules 2011 (Cth) rr 16.21, 16.43, 16.53, 26.01
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