Meetfresh Franchising Pty Ltd v Ivanman Pty Ltd

[2020] NSWCA 234

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Breach of contract
3. › Force majeure clause
4. › Onus of proof
5. › Whether clause provided exception to or qualification of promisor's obligations
6. › Whether franchisor discharged onus of proving event beyond its control
1. Contract
2. › Damages
3. › Wasted expenditure
4. › Reliance damages
5. › Whether reliance damages only available where impossible to quantify expectation damages
6. › Onus on contract-breaker to prove expenditure would have been wasted
7. › Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
1. Contract
2. › Interdependent obligations
3. › Dependent and independent promises
4. › Whether franchise agreement and licence agreement were interdependent
5. › Whether breach of one precluded recovery under the other
1. Competition and Consumer Law
2. › Unconscionable conduct
3. › Whether adequate reasons given for finding of unconscionable conduct
4. › Competition and Consumer Act 2010 (Cth), Sch 2, s 21

Quick Take

The Court held that a franchisor relying on a force majeure clause bears the onus of proving the event was beyond its control, and that franchise and licence agreements for the same premises will likely be treated as interdependent obligations.