NSW Caselaw
New South Wales Court of Appeal
CITATION: Camden Video Pty Limited v Civic Video Pty Limited [2010] NSWCA 122
HEARING DATE(S): 25 May 2010
JUDGMENT DATE: 25 May 2010
JUDGMENT OF: Allsop P at [1], [32], [35]; Hodgson JA at [2]; Basten JA at [34]
EX TEMPORE JUDGMENT DATE: 25 May 2010
1. Appeal allowed. DECISION: 2. Orders of the District Court other than any order for costs set aside and in lieu thereof order judgment in favour of the plaintiff in the sum of $19,350 to take effect as of 25 May 2010. 3. The respondent pay the appellant's costs of the appeal including the costs of the leave application and the respondent to have a Suitors Fund certificate if otherwise qualified.
CATCHWORDS: CONTRACT – Franchise agreement – Franchise fees in certain circumstances based on "reasonable estimates" by franchisor – Whether franchisor established its estimates were reasonable.
CATEGORY: Principal judgment
CAMDEN VIDEO PTY LTD (ACN 102 341 293) (first appellant) PARTIES: Peter BEGA (second appellant) Jeremy KOULOUBIS (third appellant) CIVIC VIDEO PTY LTD (ACN 003 851 152) (respondent)
FILE NUMBER(S): CA 2009/298315
COUNSEL: Ms E M PEDEN (appellants) Mr W CARNEY (respondent)
SOLICITORS: Bruce Stewart Dimarco (appellants) CK Lawyers (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 39/08
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
LOWER COURT DATE OF DECISION: 20 March 2009
- 12 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2009/298315
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