Pizza Pan Group Pty Ltd v AKD Investments Pty Ltd [2023] NSWSC 125

Supreme Court New South Wales

Medium Neutral Citation: Pizza Pan Group Pty Ltd v AKD Investments Pty Ltd [2023] NSWSC 125 Hearing dates: 8 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The parties should file short minutes of order which reflect the conclusions which I have reached. 2. In the event that there is any disagreement, the parties should file short submissions on what is in issue within 14 days. Catchwords: APPEALS — appeal from Local Court — Local Court Act 2007 (NSW), s 39 — plaintiff's claims dismissed without finding made as to first defendant's liability — liability issue must be remitted to Local Court for determination — whether to hear balance of appeal — Civil Procedure Act 2005 (NSW), s 56 — balance of appeal heard CONTRACTS — assignment of franchise —construction of deed of assignment — where deed assigned "benefits" enjoyed by franchisor under "franchise agreement" defined to include "ancillary agreements" — whether a continuing guarantee given as a precondition to grant of franchise a benefit assigned by deed CORPORATIONS — dissolution — reinstatement — Corporations Act 2001 (Cth), s 601AH(2) — order granted for reinstatement of first defendant Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Local Court Act 2007 (NSW), s 39 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Adelaide Bank Ltd v Property Builders Pty Ltd [2009] NSWSC 849 ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue (NSW) (2012) 245 CLR 338; [2012] HCA 6 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337; [1982] HCA 24 DL v R (2018) 266 CLR 1; [2018] HCA 26 Electricity Generation Corporation t/as Verve Energy v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Pizza Pan Group Pty Ltd v AKD Investments Pty Ltd (Local Court (NSW), Schurr Acting LCM, 29 April 2022, unrep) Rose v Tunstall [2018] NSWCA 241 Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Category: Principal judgment Parties: Pizza Pan Group Pty Ltd (Plaintiff) AKD Investments Pty Ltd (First Defendant) Steve Darwiche (Second Defendant) Aida Darwiche (Third Defendant) Ziad Darwiche (Fourth Defendant) Representation: Counsel: Mr A Hopkins (Plaintiff) Mr P Afshar (Second, Third and Fourth Defendants)