Read the full judgment text of HCA 004009/1985 on BabelCite. This High Court CFI judgment.
1. On the 28th June 1985, the plaintiff issued a writ claiming against the defendant $100,000 "by way of liquidated damages" for non-delivery of certain goods, which the plaintiff had agreed to buy under a written agreement dated the 15th May 1985. On the 25th July 1985, the defendant filed a Defence pleading that the agreement was unenforceable on the ground of illegality and, in the alternative, that the so-called "liquidated damages" clause in the agreement was a penalty and as such unenforce