Class action over late payment fees moves to High Court

The battle over late payment fees imposed on its customers by ANZ is set to be resolved by the High Court "once and for all", according to Maurice Blackburn Lawyers.  

The firm, backed by litigation funder IMF Bentham, yesterday filed applications in Melbourne for special leave to the High Court, where it will be argued that the Full Court of the Federal Court erred in law.

The applications deal only with the classes of late payment fees found to be penalties in the original Federal Court decision by Justice Gordon, overturned a month ago by the Full Court of the Federal Court.

In their application on behalf of lead litigants Lucio Paciocco and Speedy Development group, the lawyers argue that the decision that the fees were not unconscionable, unfair or unjust was an error.

ANZ has 21 days to file submissions in response, and the High Court may then hold a short hearing to decide whether or not to hear the appeal in full.