Australian Competition & Consumer Commission v Ewing [2004] FCA 5

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Ewing [2004] FCA 5 Australian Competition And Consumer Commission V Helen Ewing & Ors S174 OF 2002 STONE J 28 JANUARY 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S 174 OF 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: HELEN EWING

FIRST RESPONDENT

CHRIS HUDMAN

SECOND RESPONDENT

SYNERGY IN BUSINESS PTY LTD (IN LIQUIDATION)

ACN 071 563 454

THIRD RESPONDENT JUDGE: STONE J

DATE OF ORDER: 28 JANUARY 2004

WHERE MADE: SYDNEY

THE COURT DECLARES BY CONSENT THAT:

1. The agreements entitled 'Licence Deed' entered into by the Third Respondent, Synergy in Business Pty. Ltd. ACN 071 563 454 (previously known as Synergy E.P.P. Pty Ltd) (Synergy) with the following individuals are 'franchise agreements' as that term is defined in clause 4 of the Franchising Code of Conduct (the Code):

Licence Deed with Michael Rayner dated 31 July 1999; Licence Deed with Russel Green dated 1 August 1999; Licence Deed with Angela Petrolo dated 12 August 1999; Licence Deed with Stephen Whitehead dated 12 August 1999; Licence Deed with Judy McNaughton dated 31 August 1999; Licence Deed with Kim Graeme Looke dated 11 September 1999; Licence Deed with Nick Wolski dated 15 September 1999; Licence Deed with John Bernard Collins dated 19 September 1999; Licence Deed with Jane Elizabeth Edwards dated 26 November 1999; Licence Deed with Barry Heggie dated 8 December 1999; Licence Deed with Jennifer Stewart-Richardson dated 16 December 1999; Licence Deed with Julie-Ann Townsend dated 21 December 1999; Licence Deeds with Kerryn Ann Mayer and Vicki Cameron-Smith dated 8 March 2000; Licence Deed with Maria Macindoe dated 25 May 2000; Licence Deed with James Fougere dated 16 June 2000; Licence Deed with Julie Ann French dated 1 August 2000; Licence Deed with Craig Hawke dated 2 August 2000; Licence Deed with Elizabeth Swane dated 8 August 2000; Licence Deed with Marise Riddell dated 8 August 2000; Licence Deed with Amanda Susan Gaskell dated 17 August 2000; Licence Deed with Greg Murray Licence Deed with David Corbett Licence Deed with Graham Blair Licence Deed with Robert McKay and Ian Rees dated 9 October 2000; Licence Deed with Paul Carberry dated 20 November 2000; Licence Deed with Neil Taylor dated 23 November 2000; Licence Deed with Susan Johnson dated 28 November 2000; Licence Deed with Christine Mercer. Licence Deed with Dennis Rider dated 15 March 2001; Licence Deed with Ian Phillip Davies dated 9 August 2001; Licence Deed with Marie Kathleen Forrester