Australian Karting Association Ltd v Karting (NSW) Incorporated

[2021] NSWSC 1075

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Whether accelerated payments and back-dated interest clauses of loan agreement amount to a penalty
3. › Alleged default that the defendant ceased to be an Ordinary Member of the plaintiff
4. › Provisions used to punish the defendant
5. › Terms unenforceable as penalty
1. Consumer Law
2. › Unconscionable conduct
3. › s 21 of the Australian Consumer Law
4. › Plaintiff using powers to remove defendant who challenged its administration of trust
5. › Trustee’s persistent misrepresentation of the legal position to defendant unconscionable
1. Commerce
2. › money claims
3. › money had and received
4. › Defendant claimed the return of monies standing to its credit in loan accounts recorded in the plaintiff’s financial statements
5. › Plaintiff contended that monies remained part of the trust property
6. › Defendant’s cross-claim established
1. Corporations
2. › Meeting of members
3. › Validity of Special General Meeting
4. › Not necessary to decide whether the Special General Meeting complied with requirements in the Constitution