NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Norris v Cleaning Wizard (QLD) Pty Limited & Anor [2000] NSWIRComm 135 APPLICANT: Geoffrey James Norris
FIRST RESPONDENT: PARTIES : Cleaning Wizard (QLD) Pty Limited ACN 078 198 451
SECOND RESPONDENT: Michael David Nye FILE NUMBER: 3699 of 1999 CORAM: Schmidt J CATCHWORDS : Unfair contract - franchise agreement - allegations as to misrepresentations prior to agreement being entered - unfair conduct in tendering for work - failure to provide sufficient marketing support - inadequate remuneration for work - failure to provide work - comparisons between payments under agreement and award - contract found unfair in relation to failure to provide work - no case made out against second respondent - contract varied to provide for termination upon notice and to reduce franchise fee LEGISLATION CITED : Industrial Relations Act 1996 Swann & Anor v Ultratune Aust. Pty Ltd & Anor (1983) 5 IR 284 CASES CITED : Walker v Industrial Court of New South Wales & Anor (1994) 53 IR 121 Brown v Rezitis (1971) 127 CLR 157 HEARING DATES: 04/06/2000; 04/07/2000 DATE OF JUDGMENT: 08/01/2000
Ms Judith Keys of counsel SOLICITORS: Hosie McGarvey & Lord Solicitors
LEGAL REPRESENTATIVES: Mr Brian Lacy of counsel SOLICITORS: Fetter Gdanski Solicitors & Consultants
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