NSW Caselaw
New South Wales Supreme Court
CITATION : AMC Commercial Cleaning (NSW) Pty Ltd v Coade [2010] NSWSC 832
HEARING DATE(S) : 15-19 and 23 March, 25 May 2010
JUDGMENT DATE : 21 July 2010
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
DECISION : Held that the master franchisor, principally through the conduct of the first defendant, was in breach of the master franchise agreement in many respects, including a breach of the implied duty of good faith. Matter stood over for draft orders to be prepared based upon the findings contained in the reasons for judgment.
CATCHWORDS : CONTRACTS - general contractual principles - construction and interpretation of contracts - franchise - where master franchisee alleged breach of master franchise agreement by master franchisor
CATEGORY : Principal judgment
Alcatel v Scarcella (1998) 44 NSWLR 349 Automasters Australia Pty Ltd v Bruness Pty Ltd (2003) ATPR (Digest) 46-229 CASES CITED : Burger King Corp v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558 Far Horizons Pty Ltd v McDonald's Australia Ltd [2000] VSC 310 Gary Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd (1999) ATPR 41-703 J F Keir Pty Ltd v Priority Management Systems Pty Ltd (administrators appointed) [2007] NSWSC 789
AMC Commercial Cleaning (NSW) Pty Ltd (plaintiff) PARTIES : Stephen Keith Coade (first defendant) Australian Maintenance and Cleaning Pty Ltd (second defendant)
FILE NUMBER(S) : SC 2009/289426
T A Alexis SC (plaintiff) COUNSEL : M Ravech, M Seelig (defendants) (15-19 and 23 March 2010) M A Ashurst SC, M Seelig (defendants) (25 May 2010)
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