3 Apr 2007
MARANATHA LIMITED AND ORS V TOURISM TRANSPORT LIMITED HC AK CIV 2006-404-6431
- Citation
- openlaw-6a672e32_f1ca_4fb0_be7a_c0f7de7cac75.pdf
- Court
- High Court
The SOPs can, by operation of cl 5.26, form part of the contractual framework and authorise the company to impose and require accounting for an airport surcharge mechanism; however the representative order was improperly made because franchisees do not share a single common interest; the plaintiffs' claim is weak but not wholly without merit so summary judgment was refused; interim injunction was declined because damages are adequate and relief would benefit only some franchisees; the proceedings must be stayed under the arbitration agreement and Arbitration Act 1996.