NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : R&C Henry Pty Ltd v AAAAAA All Types of Rubbish Pty Ltd [2002] NSWIRComm 257 APPLICANT R&C HENRY PTY LIMITED PARTIES : RESPONDENT AAAAAA ALL TYPES OF RUBBISH PTY LIMITED FILE NUMBER: IRC177 of 2001 CORAM: Peterson J CATCHWORDS : unfair contract - franchise of a tip truck and bobcat - site cleaning work - earnings from source not expected by applicant - whether misrepresentation is involved - whether loss suffered - substantial earnings - decision by franchisee to sell to take up father's business - failure to pay franchise fees - franchise terminated - ongoing fees due - contract found unfair only in respect of obligation to meet ongoing payments after termination of franchise - other losses due to applicant's conduct. LEGISLATION CITED : Industrial Relations Act 1996 s106 Trade Practices Act 1974 s51AE HEARING DATES: 11/12/2001; 11/13/2001; 11/14/2001; 11/16/2001; 02/07/2002 DATE OF JUDGMENT: 10/09/2002
APPLICANT Mr D M Bernie of counsel
SOLICITOR Williams The Law Firm PETERSHAM LEGAL REPRESENTATIVES: RESPONDENT Mr M A Ashhurst of counsel
SOLICITOR Price Waterhouse Coopers Legal SYDNEY.
JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
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