Pilgrim and anor v Wendy's Supa Sundaes Pty Ltd and ors [2002] NSWIRComm 238

Pilgrim and anor v Wendy's Supa Sundaes Pty Ltd and ors [2002] NSWIRComm 238

The initial finding that Oraka and Mr Johnson received back the franchise business was erroneous, but as all respondents participated jointly in the franchise arrangement, liability for repayment of $185,000 remains joint and several despite the corrected finding that the franchise was returned to Wendy's, not Oraka. The factual correction does not alter the appropriateness of restitutionary orders against all three principal respondents.

Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Unfair Contract Proceedings / Supplementary Judgment Prior to Entry of Final Orders
Outcome
Judgment and orders of 12 August 2002 recalled for correction; liability for restitution of franchise purchase price maintained against Wendy's, Oraka and Mr Johnson; costs reserved for further submissions.
Legal Topics
['unfair Contracts' 'correction of Judgment Before Perfection' 'franchise Agreements' 'restitution']
['industrial Law'] ['unfair Contracts' 'correction of Judgment Before Perfection' 'franchise Agreements' 'restitution']

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Procedural Posture

Unfair Contract Proceedings / Supplementary Judgment Prior to Entry of Final Orders

Legal Issues

  1. 1 ['Whether a factual error regarding to whom the franchise was returned invalidated part of the judgment and affected liability for repayment of purchase price' 'Whether restitutionary orders should be made against Oraka Pty Ltd and Mr Johnson after correction of factual findings' "Extent of Wendy's Supa Sundaes Pty Ltd's liability after factual correction"]

Ratio Decidendi

The initial finding that Oraka and Mr Johnson received back the franchise business was erroneous, but as all respondents participated jointly in the franchise arrangement, liability for repayment of $185,000 remains joint and several despite the corrected finding that the franchise was returned to Wendy's, not Oraka. The factual correction does not alter the appropriateness of restitutionary orders against all three principal respondents.

Court Disposition

Judgment and orders of 12 August 2002 recalled for correction; liability for restitution of franchise purchase price maintained against Wendy's, Oraka and Mr Johnson; costs reserved for further submissions.

Orders

  • ['Orders and relevant parts of reasons from 12 August 2002 withdrawn and corrected relating to erroneous factual finding.' "Franchise was returned to Wendy's in December 2000." "Order for repayment of $185,000 plus interest as originally made to applicants maintained, on joint and several basis against Wendy's,...