3rd Newsletter - 5th June 2010
Newsletter Number 3.
An interesting time for bank customers in Australia. After the debacle in the
UK, [Office of Fair Trading (Respondents) v Abbey National plc & others (Appellants) UKSC
2009/0070, the UK Supreme Court case of 25 November 2009], in which five judges unanimously
declared that penalty fees for dishoured and honoured direct debits, overdrawn accounts, and dishonoured
cheques were no longer such, and were merely applications for credit, and thus legally
enforceable rather than unenforceable fees, we at BanksAreThieves.org had thought that with
such a powerful persuasive precedent, although not binding on Australian Courts, that suing
banks here for refund of fees, interest, and exemplary damages for fraudulent misrepresentation had
effectively come to an end. That was reinforced by a decision in S.A. in October last year, Girlinde Sedlaczek
v Police Credit Union [2009] SAMC 73 12 October 2009.
BanksAreThieves.org, in conjunction with another law firm, will be launching our own class action, rather better than Maurice Blackburn’s, since we will be suing for refund of fees, interest and exemplary damages, whereas Maurice Blackburn will not, as of their information to date, be suing for exemplary damages. Thus per claim, we anticipate receiving considerably more back than Maurice Blackburn. Please see and fill in our claim form if you wish to be a part of this action.