NSW Caselaw
New South Wales Supreme Court
CITATION : Ketchell v Master Education Services Pty Limited [2005] NSWSC 399
HEARING DATE(S) : 26 April 2005
JUDGMENT DATE : 29 April 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : Extension of time granted; judgment and orders made in respect of interest and costs set aside; the matter of the defence of non-compliance with clause 11(1) is remitted to the Local Court for determination in accordance with law; save for the issue of that defence, the plaintiff is to pay the costs of the summons; the defendant is to pay the costs of that issue; if so entitled, the defendant is to have a certificate under the Suitors' Fund Act 1951 in relation thereto; the plaintiff is to pay the costs of the unsuccessful application for adjournment before the Registrar; the exhibits may be returned.
CATCHWORDS : Franchise agreement - misrepresentation and breaches of contractual obligations - non-compliance with clause 11(1) of the Code - leave and extension of time.
Trade Practices Act 1974, s51 LEGISLATION CITED : Trade Practices (Industry Codes - Franchising) Regulations 1998, clause 11(1)
CASES CITED : The Cheesecake Shop Pty Limited v A & A Shar Enterprises (2004) NSWSC 625
Jean Florence Ketchell (Plaintiff) PARTIES : Master Education Services Pty Limited (Defendant)
FILE NUMBER(S) : SC 10462/05
Mr S Burchett (Plaintiff) COUNSEL : Mr V Bedrossian (Defendant)
McPhee Kelshaw (Plaintiff) SOLICITORS : Meehans (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 170/2003
LOWER COURT JUDICIAL OFFICER : Hodgson LCM
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate