BB Australia Pty Ltd v Danset Pty Ltd [2017] NSWSC 1307

Supreme Court New South Wales

Medium Neutral Citation: BB Australia Pty Ltd v Danset Pty Ltd [2017] NSWSC 1307 Hearing dates: 28/08/2017, 29/08/2017, 30/08/2017, 31/08/2017 and 01/09/2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: See at [132]. Catchwords: CONTRACT – franchise agreement – where defendants breached the franchise agreement inter alia by denying the plaintiff its right of first refusal or option to purchase – whether plaintiff would have pursued its right of first refusal or option to purchase but for the breach – CONTRACT – franchise agreement – whether breach of the franchise agreement caused the plaintiff loss – CONTRACT – franchise agreement – whether misleading or deceptive conduct by the defendants caused the plaintiff loss – EQUITY – trusts – whether the terms of the franchise agreement operated to create a trust over the assets of the defendants' store Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: BB Australia Pty Ltd (Plaintiff) Danset Pty Ltd (First Defendant) Jorge Manuel Simoes Miraldo (Second Defendant) Maria Graca Samagaio Miraldo (Third Defendant) Tresblue Pty Ltd (Fourth Defendant) John Kevin Price (Fifth Defendant) Representation: Counsel: K Rees SC / P D Herzfeld (Plaintiff) I R Pike / J S Burnett (First, Second and Third Defendants) J A Darvall (Fourth and Fifth Defendants)