NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Eagle Boys Dial-A-Pizza Australia Pty Ltd v Clifford [2003] NSWIRComm 101 APPELLANT: Eagle Boys Dial-A-Pizza Australia Pty Ltd
RESPONDENTS: PARTIES : Mark Clifford Jeannette Clifford Ranniso Pty Limited Elksmooth Pty Limited Timothy Dixon FILE NUMBER: IRC 1978 of 2000 CORAM: Wright J President; Walton J Vice-President; Kavanagh J Appeal - Unfair contract - Leave to appeal - Franchise - Pizza and take-away restaurant business - Overall unfairness - Pricing regime - Advertising costs - Consequential orders - Exercise of discretion as to form of orders - Orders made should generally be limited to the finding of unfairness - Leave to appeal granted in part - Appeal upheld - Costs CATCHWORDS : Unfair contract - Appeal - Leave to appeal - Franchise - Pizza and take-away restaurant business - Overall unfairness - Pricing regime - Advertising costs - Consequential orders - Exercise of discretion as to form of orders - Orders made should generally be limited to the finding of unfairness - Leave to appeal granted in part - Appeal upheld - Costs LEGISLATION CITED : Industrial Arbitration Act 1940 s 88F Industrial Relations Act 1996 s 106 s 188 Caltex Petroleum v Ostanone Pty Limited (unreported, 20 December 1999) Clifford v Eagle Boys Dial-A-Pizza Australia Pty Ltd [2000] NSWIRComm 30 Commonwealth v Verwayen (1990) 170 CLR 394 Coulton v Holcombe (1986) 162 CLR 1 Davies v General Transport Development Pty Ltd [1967] AR (NSW) 371 CASES CITED : Gala v State Bank of New South Wales (No 2) (1998) 84 IR 216 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Perrott v XcellNet Australia Ltd (1998) 84 IR 255 Port Macquarie Golf Club Limited v Stead (1996) 64 IR 53 Stevenson v Barham (1977) 136 CLR 190 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Westfield Holdings v Adams (2001) 114 IR 241 HEARING DATES: 04/18/2002; 04/19/2002 DATE OF JUDGMENT: 04/10/2003
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