The Court dismissed all claims by a franchisee against its franchisor, holding that pre-contractual promotional statements in an email were not misleading or deceptive where the full contractual documents were subsequently provided well in advance of execution with encouragement to seek independent advice, and where the plaintiff's oral evidence negated reliance on the alleged misrepresentations. The Court held that a franchisor's discretion under its Manual to restrict client leads to a franchisee's territory following customer complaints was validly exercised and did not breach either the express contractual terms or the implied obligation of good faith, and that termination for non-payment of a small outstanding amount was lawful where the underlying debt was validly owed. The unconscionable conduct claim under s 21 ACL failed because it was entirely parasitic on the other causes of action, all of which were rejected on the facts.
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