Fonny Januar Pty Limited and anor v Oey and ors [2007] NSWIRComm 217

Industrial Court of New South Wales

CITATION: Fonny Januar Pty Limited and anor v Oey and ors [2007] NSWIRComm 217

FIRST APPLICANT: Fonny Januar Pty Limited

SECOND APPLICANT: January Saputra

FIRST RESPONDENT: Peter Henry Oey PARTIES: SECOND RESPONDENT: Charis International Pty Limited

THIRD RESPONDENT: OCorp Consulting Pty Limited

FOURTH RESPONDENT: OCorp Integrity Management Pty Limited

FILE NUMBER(S): 2658 of 2005

CORAM: Marks J

CATCHWORDS: S106 proceedings - unfair franchise agreement - ex parte hearing - contract is of the relevant kind as described in s106(1) - two aspects of franchise agreement which created relevant unfairness - misrepresentations resulting in that which applicant acquired being different and less valuable than what was contemplated - respondent's failure to implement franchise agreement made it difficult for applicant to succeed in operating the business - franchise agreement avoided from inception - franchisee entitled to refund of monies paid and compensation for trading loss

Industrial Relations Act 1996 s105, 106 LEGISLATION CITED: Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Schedule 5

Brown v Rezitis (1970) 127 CLR 157 CASES CITED: Mayne Nickless Ltd v Industrial Relations Commission of NSW & 3 ors [2004] NSWCA 359 McDonald's Australia Holdings Limited v Industrial Relations Commission of NSW [2005] NSWCA 286