Geoffrey Seach & Anor v Promenade Properties Pty Ltd t/as SAS Marketing & Ors [2001] NSWIRComm 86

Industrial Relations Commission of New South Wales in Court Session

CITATION : Geoffrey Seach & Anor v Promenade Properties Pty Ltd t/as SAS Marketing & Ors [2001] NSWIRComm 86 FIRST APPLICANT: Geoffrey Seach SECOND APPLICANT: Valda Seach FIRST RESPONDENT: Promenade Properties Pty Ltd t/as SAS Marketing PARTIES : SECOND RESPONDENT: Hans Schmidhofer THIRD RESPONDENT: Susan Schmidhofer FOURTH RESPONDENT: Phone Force 2000 Pty Limited FIFTH RESPONDENT: Christopher O'Neill FILE NUMBER: IRC4777 of 1999 CORAM: Kavanagh J CATCHWORDS : s106 claim - the applicants, husband and wife, purchase two licences for defined areas to distribute a fire resistant product - contract required a local and national marketing campaign from the respondents - marketing campaign not fully implemented by respondents - applicants suffer short term losses - part of arrangement found to be unfair as to its conduct - consideration as to what is "just" in the circumstances as the arrangement delivered some earnings - findings required as to liability of respondents proceeded against - their "connection with" the contract - terms of contract as to price required for each licence found unfair and varied - no order as to full restitution as contract delivered some earnings to applicants LEGISLATION CITED : Industrial Relations Act 1996 Port Macquarie Golf Club Limited v Stead & Anor (1995-1996) 64 IR 53 Gallagher & Anor v Modern Garages Australia Pty Ltd (In liquidation) & Ors [2000] NSWIRComm 184 CASES CITED : Brown & Ors v Rezitis & Ors (1971) 127 CLR 157 James M Bradshaw and Badabra Pty Limited v Biofax Australia Pty Limited & Ors (unreported decision of Maidment J, CT1307 of 1995, 3.9.97) Davies v General Transport Development Pty Ltd & Ors [1967] 67 NSWAR 371 Abboud v The State of New South Wales (Department of School Education)(No 2) (2000) 99 IR 299 HEARING DATES: 02/05/2001; 02/06/2001 DATE OF JUDGMENT: 05/11/2001