Dew & Associates Pty Ltd & Anor v Angus & Robertson Bookworld Pty Ltd & Ors [1998] FCA 399

The respondent's claims regarding the assignment or novation of the franchise agreement and guarantee are arguable and not untenable; further clarification may be required, but the pleading should not be struck out at this stage.

Jurisdiction: Australia
Judgment Date: 22 April 1998
Procedural Posture: Application to Strike Out Part of Amended Defence and Cross Claim / Interlocutory Application to Strike Out
Outcome: Application dismissed
Legal Topics: ['strike Out Application' 'franchise Agreement Assignment' 'guarantee Enforceability' 'misleading and Deceptive Conduct']

['practice and Procedure' 'contracts' 'franchising' 'misrepresentation'] ['strike Out Application' 'franchise Agreement Assignment' 'guarantee Enforceability' 'misleading and Deceptive Conduct']

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Procedural Posture

Application to Strike Out Part of Amended Defence and Cross Claim / Interlocutory Application to Strike Out

Legal Issues

1 ["Whether paragraph 4 of the respondent's defence and cross-claim should be struck out as embarrassing and failing to disclose a defence" 'Whether the assignment or novation of the franchise agreement carried with it the guarantee' 'Whether the guarantee was enforceable' 'Whether representations as to legal obligations were false or misleading']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

["The applicants' application be dismissed." 'The respondent have leave to amend paragraph 4 in the respects mentioned in the reasons.']