Ferfolia and anor v Master Education Services Pty Limited and ors [2005] NSWIRComm 453

Industrial Court of New South Wales

CITATION: Ferfolia and anor v Master Education Services Pty Limited and ors [2005] NSWIRComm 453

FIRST APPLICANT Robert Mario Ferfolia

SECOND APPLICANT Vicki Anne Ferfolia

FIRST RESPONDENT PARTIES: Master Education Services Pty Limited

SECOND RESPONDENT Robert Athol Ollis

THIRD RESPONDENT Suzanne Gai Ollis

FILE NUMBER(S): 4847 of 2004

CORAM: Marks J

CATCHWORDS: s 106 - jurisdiction - s 108B - where termination date of franchise agreement is in conflict - where termination correspondence sent to franchisee's solicitors was returned - whether correspondence effectively terminated agreement - held solicitors had no authority to accept correspondence - held notice of termination ineffective - not appropriate time to consider the other factual issues - motion dismissed - costs.

Industrial Relations Act 1996 LEGISLATION CITED: Trade Practices Act 1974

CASES CITED: IVI Pty Ltd v Baycrown Pty Ltd (2005) QCA 205

HEARING DATES: 12/02/2005; 12/06/2005

DATE OF JUDGMENT: 12/21/2005

APPLICANTS Mr S Burchett of counsel Solicitors: Mr G Gilmour Mason Lawyers LEGAL REPRESENTATIVES:

RESPONDENTS Mr V Bedrossian of counsel Solicitors: Mr P Meehan Meehans Solicitor Corporation

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Marks J Wednesday 21 December 2005