› where plaintiff unable to apply for default judgment
› court’s role in proceedings in absence of defendant
Contracts
› remedies
› liquidated damages
› penalty
› deed of loan
› onus of proving contractual provision penalty
› where provisions allowing indefinite application of certain fees unconscionable and out of all proportion to the loss that the failure to pay the interest under the deed could realistically cause the plaintiff to suffer
Case Details
Citation[2023] NSWSC 686
CourtNSWSC
JurisdictionNew South Wales
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