Commercial N Pty Limited v Huang & Ors

[2024] NSWSC 23

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › penalty
3. › relief against penalties
4. › whether penalties doctrine engaged
5. › differential interest rates
6. › where loan agreement provided for “Lower Interest Rate” and “Higher Interest Rate”
7. › where “Lower Interest Rate” operated as a concessional rate payable whilst there was no default
8. › principle in Kellas-Sharpe v PSAL Ltd [2012] QCA 371; [2013] 2 Qd R 233
9. › penalties doctrine not engaged
1. Contracts
2. › unjust contracts
3. › Contracts Review Act 1980 (NSW)
4. › whether business contract
5. › whether contract unjust
1. Contract
2. › construction
3. › where literal application of formula for calculation of interest would result in very low rate of interest
4. › whether literal construction absurd
5. › provision construed in accordance with commercial common sense
1. Negligence
2. › legal practitioners
3. › professional negligence
4. › scope of oral retainer
5. › whether solicitor adequately explained complex terms in loan agreement
6. › whether breach causative of loss