NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : King v Cake It Away Pty Ltd & Ors [2002] NSWIRComm 140 APPLICANT Gregory John King
RESPONDENTS First Respondent Cake It Away Pty Ltd
Second Respondent Cake It Away Franchising Pty Ltd
Third Respondent Paul Tartak
Fourth Respondent Michael Tartak PARTIES : Fifth Respondent Tony Tartak
Sixth Respondent Mary Tartak
Seventh Respondent Pauline Tartak
Eighth Respondent St George Bank Ltd
Ninth Respondent Advance Leasing Ltd
FILE NUMBER: IRC 6142 of 1998 CORAM: Marks J CATCHWORDS : Unfair contract- Franchise agreement -Alleged misrepresentations by franchisor covering trading figures and other matters - Applicant introduced to bank by franchisor to finance the franchise - Alleged unfair conduct by bank representatives - Held applicant misrepresented his financial state of affairs to franchisor and the bank - Applicant abandoned business after six month's trading - No finding of unfairness in all the circumstances against the franchisor or the bank - Summons dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s105 s106 CASES CITED : Baker v National Distribution Services Ltd (1993) 50 IR 254 HEARING DATES: 11/08/1999; 11/09/1999; 06/11/2002; 06/12/2002; 06/13/2002; 06/14/2002; 06/17/2002; 06/18/2002 DATE OF JUDGMENT: 07/12/2002
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