Thursday, 9 July 2020

Quantum Housing decision appealed over unconscionable conduct

The ACCC was right to appeal this decision. I think Justice Colvin has misinterpreted Kobelt. While a couple of the High Court judges in Kobelt seem to have endorsed special disadvantage, this was clearly not the decision of the court.

Rather the test identified by the High Court in Kobelt seems to be that conduct which is seen as well outside the bounds of moral, right or acceptable commercial behaviour according to prevailing norms and standards will be found to be unconscionable.

The other significant issue coming out of Kobelt is the long overdue rejection of "moral obloquy" as being in any way relevant to a finding that conduct is unconscionable.

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