Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACCC v Kyloe Pty Ltd [2007] FCA 1522
TRADE PRACTICES – Franchising industry code – Enforcement of industry codes of practice – Where respondents involved in distribution of Polar Krush ice-drink machines – Where respondents failed to provide disclosure statements to its Sub-Distributors – Where respondents failed to provide a copy of the Franchising Code to each Sub-Distributor at least 14 days prior to entering into the alleged franchise agreements – Whether agreements between parties constituted "franchising agreements" for the purposes of the code – Whether the respondents granted the purported franchisees the right to carry on a business under a "system or marketing plan"
Held – No franchise agreement made out – The agreements do not constitute the granting of a right to carry on a business under a system or marketing plan – Application dismissed
WORDS AND PHRASES – "franchising agreement" "system or marketing plan"
Trade Practices Act 1975 (Cth) ss 51AD, 51AE, 51ACA, 75, 80(1) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth)
Capital Networks Pty Ltd v .au Domain Administration Ltd [2004] FCA 808 discussed Master Abrasives Corporation v Williams (1984) 469 NE 2d 1196 cited
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v KYLOE PTY LTD ACN 096 480 956, KEVIN JAMES MCCANN, IMPACT DESIGN ACCESSORIES PTY LTD ACN 061 408 544, ROBERT BRUCE MORPETH AND THERESE IRENE MORPETH VID 837 OF 2006
TRACEY J
18 OCTOBER 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 837 OF 2006
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: KYLOE PTY LTD ACN 096 480 956
First Respondent
KEVIN JAMES MCCANN
Second Respondent
IMPACT DESIGN ACCESSORIES PTY LTD ACN 061 408 544
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