NSW Caselaw
Reported Decision: 226 FLR 169 Appeal Outcome: Special leave application granted by the High Court - 8 February 2008; Appeal allowed - 27 August 2008 - Master Education Services Pty Limited v Ketchell [2008] HCA 38
New South Wales Court of Appeal
CITATION: KETCHELL v MASTER OF EDUCATION SERVICES PTY LTD [2007] NSWCA 161
HEARING DATE(S): 9 May 2007
JUDGMENT DATE: 19 July 2007
JUDGMENT OF: Mason P at 1; Basten JA at 52; Handley AJA at 53
DECISION: Appeal allowed
CATCHWORDS: CONTRACT – Illegal contracts – as contrary to statute – contravention of Code enforced by statute – requirement to provide information prior to entry into contract – information not provided - STATUTES – Interpretation – rules of construction – particular rule – operation of common law rule on unenforceability of illegal contracts – whether statute negates operation of common law rule – whether statute prohibits the making of the contract – Franchising Code of Conduct, cl 11 – Trade Practices Act 1974 (Cth), s 51AD
Franchising Code of Conduct LEGISLATION CITED: Trade Practices (Industry Codes Franchising) Regulations 1998 (Cth) Trade Practices Act 1974 (Cth)
Akron Securities Ltd v Iliffe (1997) 41 NSWLR 353 Anderson Ltd v Daniel [1924] 1 KB 138 Australian Broadcasting Corporation v Redmore Pty Ltd (1989) 166 CLR 454 Australian Competition and Consumer Commission v 4WD Systems Pty Ltd [2003] FCA 850; 200 ALR 491 Carlton and United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543 Chai Sau Yin v Liew Kwee Sam [1962] AC 304 Duncan v Theodore (1917) 23 CLR 510 CASES CITED: Fitzgerald v F J Leonhardt Pty Ltd (1997) 189 CLR 215 Hurst v Vestcorp Ltd (1988) 12 NSWLR 394 Ketchell v Master Education Services Pty Ltd [2005] NSWSC 399 Marks v Jolly (1938) 38 SR(NSW) 351 SST Consulting Services Pty Ltd v Rieson (2006) 225 CLR 516 The Cheesecake Shop v A & A Shah Enterprises [2004] NSWSC 625 Trade Practices Commission v Milreis Pty Ltd (1977) 29 FLR 144 Webb Distributors (Aust) Pty Ltd v The State of Victoria (1993) 179 CLR 15 Webster v McIntosh (1980) 32 ALR 603
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