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Australian Competition and Consumer Commission v. C.G. Berbatis Holdings Pty. Ltd.; curbing unconscionability: Berbatis in the High Court of Australia.

[This case note critically analyses the High Court's novel decision in Berbatis. The majority in Berbatis took a restrictive approach in applying s 51AA of the Trade Practices Act to the facts of the particular case. In contrast, the single dissenting justice took a morn expansive view of the merits of the appeal. This ease note criticises the majority judges' rather perfunctory handling of the facts of the case a matter made worse by means of their Honours' failure to link the ultimate parts of unconscionable dealing to a sophisticated conceptual account of interpersonal exploitation in market exchange connected thought [i]or[/i] thoughtss The case note explains


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