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Partial victory for ANZ customers

The Federal Court has ruled late payment fees on credit cards are a breach of contract.

An ANZ bank branch in central Sydney
(AAP)

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Source: AAP


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ANZ customers have recorded a partial victory in their multi-million-dollar class action against the bank, with the Federal Court ruling that late payment fees on credit cards are a breach of contract.

However, the claims against other types of bank fees were dismissed.

Justice Michelle Gordon on Wednesday ruled that $25-$45 honour and dishonour fees, over limit charges and non-payment fees were allowable.

Justice Gordon agreed ANZ was improperly imposing penalties on customers through its late-payment fees, which were described as "extravagant, exorbitant and unconscionable".

ANZ admitted had it was not permitted to charge such fees under the contract, she added.

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Justice Gordon said the other fees were not a penalty and therefore not a breach of contract.

Affected ANZ customers, who were part of the class action, will be entitled to be awarded damages.

The case is the first of eight class actions brought by law firm Maurice Blackburn on behalf of more than 180,000 ANZ customers.


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