Civic Video Pty Ltd v Garfell Nominees Pty Ltd [2008] NSWDC 3

New South Wales District Court

CITATION: Civic Video Pty Ltd v Garfell Nominees Pty Ltd [2008] NSWDC 3

HEARING DATE(S): 4/2/08 - 5/2/08

JUDGMENT DATE: 5 February 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

1. On the Statement of Claim, Verdict and Judgment for the Defendants. DECISION: 2. On the Amended Cross-Claim, pursuant to Section 87 (2)(a) of the Trade Practices Act 1974 (Cth) declare the whole of the agreement pleaded in paragraph 30 (i) of the Statement of Claim void ab initio. 3. Direct the exhibits be returned forthwith to the parties.

CATCHWORDS: Determination of Separate Issue - Franchise Agreements - Renewal or Extension - Application of Franchising Code of Conduct - Breach - Illegality - Consequences

Trade Practices Act 1974 (Cth) LEGISLATION CITED: Uniform Civil Procedure Rules Trade Practices (Industry Codes - Franchising) Regulations 1998 (Cth)

CASES CITED: Ketchell v Master of Education Services Pty Ltd (2007) NSW CA 161 Anderson Ltd v Daniel (1924) 1KB 138

Civic Video Pty Ltd (Plaintiff) PARTIES: Garfell Nominees Pty Ltd (1st Defendant) John & Joe Vambaca (2nd Defendants)

FILE NUMBER(S): 1231/07

COUNSEL: J K Chippindall (Plaintiff) D L Williams SC with S W Balafoutis (1st & 2nd Defendants)

JUDGMENT

1 On 27 March 2007 the plaintiff commenced proceedings against Garfell Nominees Pty Ltd as 1st defendant and John and Joe Vumbaca as 2nd defendants, claiming damages up to $750,000 plus interest and costs.

2 The plaintiff was the operator and franchisor of video stores which included the supply of videos, equipment and systems.