UNCONSCIONABLE CONDUCT -- SECTION 51AA TRADE PRACTICES ACT 1974

摘要

The decision establishes that a party which uses its bargaining power in commercial dealings to extract favourable concessions from other parties will not, by such conduct alone, have engaged in 'unconscionable' conduct under section 51AA of the TPA. It should be noted that the case did not deal with sections 51AB or 51AC - the other provisions in the TPA concerning unconscionable conduct - which appear to have a wider application than section 51 AA. The Court did not consider these provisions because section 51 AC had not been enacted as at the time of proceedings and the ACCC accepted that section 51 AB did not apply in the case.