APPEALS – Damages – Negligence – Vehicle accident – Vicarious liability – Abuse of process – Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5(1) – Dismissal of statement of claim – Appeal dismissed.
Renae Kumar appeared for the Plaintiff.
Reasons for the decision can be found here.
CONTRACT — implied terms — implication of duty or obligation of good faith and reasonableness — franchise agreement — where franchisor had discretionary power to set maximum prices for products — where parties accepted that power subject to duty of good faith — scope of duty of good faith and reasonableness — whether franchisor was obliged to act reasonably in an objective sense
NEGLIGENCE — franchise agreement — whether franchisor owed duty of care to franchisees in exercising power to set maximum prices for products — where franchisee alleged that franchisor owed franchisees a duty to exercise power so that franchisees could make, maintain or increase profits
CONSUMER LAW— unconscionable conduct — franchise agreement — where franchisee alleged that franchisor had engaged in unconscionable conduct in setting maximum prices for products
Tim Castle, James Arnott and Simona Gory represented the Appellant.
Reasons for the judgement can be found here.
Liability limited by a scheme approved under Professional Standards Legislation.