Robert Ferfolia and anor v Master Education Services Pty Ltd. Application under s 106 of the Industrial Relations Act 1996 [2009] NSWIRComm 25

Industrial Relations Commission of New South Wales

CITATION: Robert Ferfolia and anor v Master Education Services Pty Ltd. Application under s 106 of the Industrial Relations Act 1996 [2009] NSWIRComm 25

FIRST APPLICANT: Robert Mario Ferfolia

SECOND APPLICANT: Vicki Anne Ferfolia

FIRST RESPONDENT: Master Education Services PARTIES: Pty Ltd

SECOND RESPONDENT: Robert Athol Ollis

THIRD RESPONDENT: Suzanne Gai Ollis

FILE NUMBER(S): IRC 4847 of of 2004

CORAM: Haylen J

CATCHWORDS: Orders

DATE OF JUDGMENT: 4 March 2009

APPLICANT: (Mrs V A Ferfolia) Mr S J Burchett of counsel SOLICITORS: Mr G Gilmour Mason Lawyers

(No appearance for Estate of Mr R M Ferfolia)

LEGAL REPRESENTATIVES: RESPONDENTS: Mr V Bedrossian of counsel SOLICITORS: Mr P Meehan Meehans Solicitor Corporation

JUDGMENT:

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INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: HAYLEN J

4 March 2009

MATTER NO IRC 4847 of 2004 ROBERT FERFOLIA AND ANOR v MASTER EDUCATION SERVICES PTY LTD AND ORS Application under s 106 of the Industrial Relations Act 1996

JUDGMENT [2009] NSWIRComm 25

Following discussions between the parties, it is agreed that the following orders reflect the judgment of the Court in Robert Ferfolia and anor v Master Education Services Pty Ltd and ors [2009] NSWIRComm 17 delivered on 24 February 2009. The Court has therefore made the following orders in Chambers: ORDERS The Court 1 Declares pursuant to s 106(1) of the Industrial Relations Act 1996: (a) the franchise agreement between the applicants and the first respondent dated 15 June 1999 to be void ab initio , except to the extent that returns were made by the applicants in the operation of their franchised business; (b) (if ever agreed, as asserted by the respondents) no interest is payable on the loans made by the first and second respondent to the applicants of $15,000 (partly repaid) and $45,000 (wholly repaid) related or collateral to the franchise agreement. 2 Orders pursuant to s 106(5) Industrial Relations Act 1996 that the respondents pay to the second applicant the sum of $74,299 calculated as follows: