Australian Maintenance and Cleaning Pty Ltd v AMC Commercial Cleaning (NSW) Pty Ltd [2011] NSWCA 103

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Maintenance and Cleaning Pty Ltd v AMC Commercial Cleaning (NSW) Pty Ltd [2011] NSWCA 103 Hearing dates: 30 March 2011 Decision date: 02 May 2011 Before: Hodgson JA at [1] Macfarlan JA at [5] Young JA at [69] Decision: (1) Appeal allowed. (2) Order that Orders 1 to 5 made at first instance on 15 December 2010 be set aside. (3) Order the respondent to pay the appellant's costs of this appeal. (4) Order the respondent to pay the appellant's costs of the proceedings at first instance insofar as those costs were incurred after the filing of the respondent's Notice of Motion on 11 May 2010. (5) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - construction - franchise agreements - Master Franchise Agreement by which appellant franchised respondent to grant franchises to others to use the appellant's intellectual property in conducting commercial cleaning businesses - whether respondent entitled to require appellant to consent to Sub-Master Franchise Agreement franchising another company to grant cleaning business franchises