Sanders v Glev Franchises Pty Ltd [2002] FCA 1332

Sanders v Glev Franchises Pty Ltd [2002] FCA 1332

The applicants failed to prove that actionable misleading or deceptive representations were made by the respondents, or that, if made, the applicants relied upon them in entering the Ormond franchise agreement. Representations found to have been made were in the nature of puffery or statements of opinion, or were otherwise not misleading or deceptive in context. The respondents had reasonable grounds for any representations regarding future advertising. Consequently, the claim under s 52 and related causes of action was not made out.

Jurisdiction
Australia
Judgment Date
29 October 2002
Procedural Posture
Civil / Post Trial Judgment
Outcome
Application dismissed
Legal Topics
['misleading and Deceptive Conduct' 'pre Contractual Representations' 'collateral Warranties' 'negligent Misstatement' 'remedies']
['trade Practices' 'franchise Law' 'commercial Law'] ['misleading and Deceptive Conduct' 'pre Contractual Representations' 'collateral Warranties' 'negligent Misstatement' 'remedies']

Case Brief

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Procedural Posture

Civil / Post Trial Judgment

Legal Issues

  1. 1 ['Whether pre-contractual representations were made by the respondents to the applicants' 'Whether the representations amounted to misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth)' 'Whether any representations constituted puffery or were actionable' 'Whether the applicants relied on the representations in entering the franchise agreement' 'Whether any loss or damage was suffered by the applicants as a result of such conduct' 'Whether any collateral warranty or negligent misstatement occurred']

Ratio Decidendi

The applicants failed to prove that actionable misleading or deceptive representations were made by the respondents, or that, if made, the applicants relied upon them in entering the Ormond franchise agreement. Representations found to have been made were in the nature of puffery or statements of opinion, or were otherwise not misleading or deceptive in context. The respondents had reasonable grounds for any representations regarding future advertising. Consequently, the claim under s 52 and related causes of action was not made out.

Court Disposition

Application dismissed

Orders

  • ['The application be adjourned to a date to be fixed.' 'On or before 12 November 2002, the parties file and serve proposed minutes of orders and any submissions they wish to make in support of the minutes.' 'Parties to make submissions on costs and cross-claim disposition before further steps.']