NSW Caselaw
New South Wales Supreme Court
CITATION : DYMOCKS HOLDINGS PTY. L.TD & ORS. V. TOP RYDE BOOKSELLERS PTY. LTD. & ORS [2000] NSWSC 795 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4913/99 HEARING DATE(S) : 03/08/00 JUDGMENT DATE : 11 August 2000
Dymock's Holdings Pty. Ltd. - 1st plaintiff Dymock's Pty. Ltd. - 2nd plaintiff Dymocks Franchise Systems (NSW) Pty. Ltd. - 3rd plaintiff Top Ryde Booksellers Pty. Ltd. - 1st defendant PARTIES : Brandway Pty. Ltd. - 2nd defendant Hughes Products Pty. Ltd. - 3rd defendant Tony Ayaz - 4th defendant Rojoma Pty. Ltd. - 5th defendant Red Rocks Pty. Ltd. - 6th defendant Librus Pty. Ltd. - 7th defendant JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : P. Graham QC with D.L. Williams for plaintiffs G. Burton for 3rd, 6th & 7th defendants SOLICITORS : Deacons Graham & James, Sydney for plaintiffs Miller Goddard, Sydney for 3rd, 6th & 7th defendants CATCHWORDS : DAMAGES - Franchisees entitled to such compensation as would put them in position they would have been in if a website had remained an asset of a certain fund - Franchise agreements provide option for renewal on terms of Franchistor's then standard form of agreement - Franchisor introduces new form of agreement precluding any claim by Franchisees to website - Whether damages thereby limited to period of current agreements. DECISION : See par.24 of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
Friday 11th August 2000
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