Burger King Corporation v Callas Holdings Pty Limited (in liq) [2005] FCA 278

FEDERAL COURT OF AUSTRALIA

Burger King Corporation v Callas Holdings Pty Limited (in liq) [2005] FCA 278

TRADE PRACTICES – termination of franchise agreements – declaration that franchise agreements have been validly terminated

PRACTICE AND PROCEDURE – application for leave to proceed against a company in liquidation BURGER KING CORPORATION v CALLAS HOLDINGS PTY LIMITED (IN LIQUIDATION) (ABN 009 436 113) NSD 1981 OF 2004 MOORE J 14 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1981 OF 2004

BETWEEN: BURGER KING CORPORATION

APPLICANT

AND: CALLAS HOLDINGS PTY LIMITED (IN LIQUIDATION)

ABN 009 436 113

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 14 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to proceed against the respondent in liquidation pursuant to section 71B of the Corporations Act 2001 (Cth). THE COURT DECLARES THAT: 2. The following franchise agreements have been validly terminated by the Applicant: a. The franchise agreement between Callas Holdings Pty Limited (in Liquidation) and Burger King Australia Pty Limited dated 8 December 1999, as subsequently assigned to Burger King Corporation, for the premises known as Lot 12 Lake Haven Shopping Centre, Lake Haven Drive, Lake Haven, NSW; b. The franchise agreement between Callas Holdings Pty Limited (in Liquidation) and Burger King Corporation dated 14 October 2002 for the premises known as 7 Holt Close East Maitland NSW; c. The franchise agreement between Mousum Pty Limited and Burger King Australia Pty Limited dated 4 December 2000, as subsequently assigned to Callas Holdings Pty Limited on 19 July 2002 for the premises known as 561 Peel Street (Corner of Scotts Road) Tamworth NSW; d. The franchise agreement between Callas Holdings Pty Limited and Burger King Australia Pty Limited dated 5 June 2001, as subsequently assigned by Deed of Variation to Burger King Corporation on 5 August 2003 for the premises known as Shop No. TE 09 Erina Fair Shopping Centre, Terrigal Drive, Erina NSW. THE COURT ORDERS THAT: 3. The Respondent pay the Applicant's costs of these proceedings as agreed or assessed as and from 7 March 2005.