NSW Caselaw
Industrial Court of New South Wales
CITATION: Robert Mario Ferfolia and anor v Master Education Services Pty Ltd & ors [2009] NSWIRComm 17
FIRST APPLICANT: Robert Mario Ferfolia
SECOND APPLICANT: Vicki Anne Ferfolia
FIRST RESPONDENT: Master Education Services Pty Ltd
PARTIES: SECOND RESPONDENT: Robert Athol Ollis
THIRD RESPONDENT: Suzanne Gai Ollis
FILE NUMBER(S): IRC 4847 of 2004
CORAM: Haylen J
CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - franchise agreement - student tuition business - representations made before and during contract concerning success of business and assistance to be provided by franchisor - business fails to attract sufficient students to become financially viable - representations as to expected number of ongoing pupils not realised - representations as to business assistance to be provided to franchisee not met - unfairness found in contract as entered and by conduct of the respondents in the operation of the contract - applicants did not receive what they paid for - applicants' lack of clean hands not established - limited application of clean hands principle - franchise agreement voided ab initio - orders made regarding return of franchise purchase price and franchise fees
A & M Thompson Pty Ltd v Total Australia Ltd (1980) 2 NSWLR 1 CASES CITED: Gow v Cronulla Sutherland Leages Club Ltd (2002) 119 IR 122 Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 at 268 Westpath Services Pty Ltd v Joseph [2007] 166 IR 135
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