Congram, I.D. & Ors v. Rochdale Pty Ltd & Anor [1988] FCA 116

ae

JUDGMENT No. Ihe PBB

IN THE FEDERAL COURT OF AUSTRALTA

) ) QURENSLAND DISTRICT REGISTRY ) QLD. G83 of 1987 ) GENERAL DIVISTON )

BETWEEN :

TAN DAVID CONGRAM, JANITA RUTH WATLING, NORMAN CONGRAM, and SHIRLEY JOYCE CONGRAM

Applicants AND: ROCHDALE PTY. LED.

First Respondent

MICHAEL GOLDSMITH

Second Respondent

SPENDER J. fs

Await tH Sipe tics

it~ AO L9NG3 WVUAGES BRISBANE i ocr ing ie a wots dee wed me 17 MARCH 1988. = © GANSIIe Noo 7 \ ~ REASONS FOR JUDGMENT Ns

This application involves the sale of a franchise for a

gourmet sausage business.

The original business was established by the first respondent, Rochdale Pty.Ltd., in premises at 153 Scarborough Street, Southport, it having converted an existing run down

butcher shop into a combined butcher and sausage specialist shop.

2.

The business, which traded under the name "The Sausage

Specialist", was a business of gourmet sausage manufacturing,

wholesaling and retailing.

The directors of the first respondent at the relevant time were Mr. Goldsmith and Mr. Dufty. Mr. Dufty was primarily involved in the sausage making and butchering side of the business, while Mr. Goldsmith, the second respondent in these proceedings, was responsible for the managerial, promoting and

advertising side of the business.

Mr. Goldsmith established the "Sausage Specialist" along Similar lines to a scheme operating in Adelaide and Sydney. He was granted exclusive rights to the recipes in Queensland.

Rochdale Pty.Ltd. was incorporated in August 1984. The business known as the "Sausage Specialist" was conducted at Southport from

June or early July 1984 until late 1984.

With a view to franchising the operation, an advertisement was inserted in the "Courier~Mail" on 22 August