NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Gallagher & Anor v Modern Garages Australia Pty Ltd (in liquidation) & Ors [2000] NSWIRComm 184 FIRST APPLICANT: Allan Geoffrey Gallagher
SECOND APPLICANT: Penrith Garages Pty Limited ACN 065 402 137
FIRST RESPONDENT: Modern Garages Australia Pty Limited (in liquidation) ACN 061 399 764
PARTIES : SECOND RESPONDENT: Wellplace Holdings Pty Limited ACN 010 166 819
THIRD RESPODNENT: John Michael Montesalvo
FOURTH RESPONDENT: Barry Graeme Hughes
FIFTH RESPONDENT: Sam Montesalvo FILE NUMBER: 6043 of 1997 CORAM: Schmidt J CATCHWORDS : Unfair contract - franchise agreements - company in liquidation - unrepresented litigants - allegations as to pre-contractual misrepresentations - contract claimed to be unfair as formed and performed - orders sought against company in liquidation - nunc pro tunc - proceedings stayed as to this aspect - credit of witnesses - agreements unfair as formed - various misrepresentation made out - consideration of applicants' breach of franchise agreements - orders against personal respondents - quantification of money sum - orders on joint and severed basis against franchisor and individual respondents Companies Act 1936 LEGISLATION CITED : The Corporations Law Industrial Relations Act 1991 Industrial Relations Act 1996 Ace Business Brokers Pty Limited v Phillips-Treby [2000] NSWIRComm 163 Brown v Rezitis (1970) 127 CLR 157 Davies v General Transport Development Pty Ltd [1967] AR (NSW) 371 Halim v Fast Food Service Development Pty Limited (formerly Big Al's Sandwich Joints Pty Limited (1982) 2 IR 128 CASES CITED : Harcourt Brace & Co (Australia) Pty Ltd v Cory (1998) 81 IR 321 Port Macquarie Golf Club Limited v Stead (1996) 64 IR 53 Re Sydney Formworks Pty Ltd (in liquidation) [1965] NSWLR 646 Stevenson v Barham (1977) 136 CLR 190 Swann v Ultratune Aust Pty Ltd (1983) 5 IR 284 HEARING DATES: 02/07/2000; 02/08/2000; 02/09/2000; 02/10/2000; 02/11/2000; 03/01/2000; 03/02/2000; 03/03/2000; 03/23/2000; 03/24/2000 DATE OF JUDGMENT: 09/08/2000
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