NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Windjar Pty Limited v Bartercard Limited [2000] NSWIRComm 134 revised - 28/07/2000 APPLICANT Windjar Pty Limited PARTIES : RESPONDENT Bartercard Limited FILE NUMBER: IRC 1514 of 1998 CORAM: Glynn J Unfair contract - franchise agreement - whether concluded contract - executed by applicant - payment for franchise only partially satisfied - not executed by respondent - parties not ad idem as to alleged offer of vendor finance - held: no concluded contract.
Unfair contract - franchise agreement - interim licence to operate - held: was "arrangement" in terms of s 105 - that arrangement unfair as lacking specific provisions, particularly as to termination - orders made. CATCHWORDS : Parties - changing corporate applicant for franchise - unrealistic to compartmentalise discussions between natural persons as to negotiations over whole period of such negotiations.
Cross claim for $25,000 made on two bases - firstly, alleged misrepresentations by the applicant as to ability to make payments - claim not made out - secondly, as retention of deposit - claim not made out - cross claim rejected. LEGISLATION CITED : Industrial Relations Act 1996 s 105 s 108(b)(c) Cavacuiti v Toyota Motor Corporation Australia Limited (unreported, Marks J, 99/666, 3/12/99) Codelfa Construction Pty Limited v State Rail Authority of NSW (1981-82) 149 CLR 337 Custom Credit Corporation Ltd v Goldsmith 1976 AR 98 Neeta (Epping) Pty Ltd v Phillips (1974-75) 131 CLR 286 CASES CITED : News Limited v Australian Rugby League (1996) 139 ALR 193 Nilda Phillips-Treby v Local Home Service Pty Ltd (unreported, Schmidt J, 97/2956, 11/6/99) [1999] NSW Industrial Commission 265 Production Spray Painting v Newnham (1991) 27 NSWLR 644 Sunbird Plaza Pty Ltd v Mahoney (1988) 166 CLR 245 Walker v Industrial Court of NSW (1994) 53 IR 121 Waltons Stores (Interstate) Ltd v Maher (1987-88) 164 CLR 387 HEARING DATES: 09/27/1999; 09/28/1999; 09/29/1999; 10/12/1999; 10/13/1999 DATE OF JUDGMENT: 07/31/2000
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate