Case Summary

Hurley v McDonald's Australia Ltd (2000) ATPR 41-741

Contract; vitiating circumstances; section 51AB and 51AC, Trade Practices Act; unconscionable conduct.

Following Cameron v Qantas Airways Ltd (1995) 55 FCR 147 and Qantas Airways Ltd v Cameron (1996) 66 FCR 246, the court said (at [22]):

"For conduct to be regarded as unconscionable, serious misconduct or something clearly unfair or unreasonable, must be demonstrated ..." "Whatever 'unconscionable' means in section 51AB and section 51AC, the term carries the meaning given by the Shorter Oxford English Dictionary, namely, actions showing no regard for conscience, or that are irreconcilable with what is right or reasonable..." 

"The various synonyms used in relation to the term 'unconscionable' import a pejorative moral judgment..."

Note: Although this case concerns s 51AB and 51AC of the Trade Practices Act 1974 (Cth), it continues to be relevant with regard to the application and interpretation s 20 and 21 of the Australian Consumer Law.