NSW Caselaw
New South Wales Supreme Court
CITATION : Master Education Services v Ketchell [2006] NSWSC 28
HEARING DATE(S) : 3 February 2006
JUDGMENT DATE : 10 February 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The appeal is allowed; the judgment entered and the order made on 5 October 2005 is set aside; in the circumstances of this case, the proceedings can be disposed of without remitting them to the Local Court; the plaintiff is entitled to judgment in the original proceedings and an order for costs of the appeal and of the hearing of the one issue; the plaintiff is to bring in short minutes of order.
CATCHWORDS : Appeal from determination of one issue - lack of disclosure of reasoning process - no defence to claim for unpaid franchise fees.
LEGISLATION CITED : Trade Practices Act 1974 (Cth) s51AD Trade Practices (Industry Codes - Franchising) Regulations 1998
CASES CITED : The Cheesecake Shop v A & A Shah Enterprises [2004] NSWSC 625
PARTIES : Master Education Services Pty Limited (Plaintiff) Jean Florence Ketchell (Defendant)
FILE NUMBER(S) : SC 15113/05
COUNSEL : Mr V Bedrossian (Plaintiff) Mr R Steele (Defendant)
SOLICITORS : Meehans Solicitors (Plaintiff) McPhee Kelshaw (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 170/03
LOWER COURT JUDICIAL OFFICER : Hodgson LCM
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Associate Justice Malpass
10 February 2006
15113 of 2005 Master Education Services Pty Limited v Jean Florence Ketchell
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