JM & PM Holdings Pty Ltd v Snap-on Tools (Australia) Pty Ltd [2015] NSWCA 347

JM & PM Holdings Pty Ltd v Snap-on Tools (Australia) Pty Ltd [2015] NSWCA 347

The appeal was dismissed because the appellants failed to show appellable error in the primary judge's finding that they did not rely on the allegedly misleading or deceptive spreadsheet provided by the franchisor in deciding to enter the franchise agreement, and thus suffered no loss or damage by reason of any contravention of the Trade Practices Act or Franchising Code of Conduct.

Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed, with costs.
Legal Topics
['misleading and Deceptive Conduct' 'franchising Code of Conduct' 'reliance and Causation' 'entire Agreement Clauses' 'pre Contractual Representations']
['trade Practices' 'franchising' 'contract Law'] ['misleading and Deceptive Conduct' 'franchising Code of Conduct' 'reliance and Causation' 'entire Agreement Clauses' 'pre Contractual Representations']

Case Brief

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Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether the provision of a cash flow projection spreadsheet by the franchisor amounted to misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 (Cth)' 'Whether the spreadsheet involved a breach of the Franchising Code of Conduct, and thus s 51AD of the Trade Practices Act 1974 (Cth)' 'Whether appellants relied on the spreadsheet in entering into the franchise agreement and thereby suffered loss or damage']

Ratio Decidendi

The appeal was dismissed because the appellants failed to show appellable error in the primary judge's finding that they did not rely on the allegedly misleading or deceptive spreadsheet provided by the franchisor in deciding to enter the franchise agreement, and thus suffered no loss or damage by reason of any contravention of the Trade Practices Act or Franchising Code of Conduct.

Court Disposition

Appeal dismissed, with costs.

Orders

  • ['Appeal dismissed.' "Appellants to pay the respondent's costs of the appeal."]