In this respect see the practice area, Insurance, on this web-site. Significantly, John was briefed to advise and appear on behalf of the Bank of Queensland in a long running commercial franchise dispute in the Supreme Court of New South Wales. Apart from advising and appearing at the final hearing in that matter, John was also engaged in a number of related appeals and a large number of interlocutory applications on behalf of the Bank. Some of those applications are set out in the relevant Practice Area - "Practice and Procedure" on this web-site. A number are set out below.
This matter concerned claims against a bank for breach of contract, unconscionable conduct, detinue as well as claims based upon monies had and received by the Bank after demand for reimbursement had been made. It also dealt with the effect of swearing false affidavits.
This matter involved appeals from the decision of Ball J (Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009656 740) (No 17) and 13 related matters [2014] NSWSC 55) in 10 separate franchise cases involving the Bank of Queensland and certain branch owner-managers. The appeals raised issues concerning the trial judge’s handling of allegations of misleading or deceptive conduct said to have arisen in relation to the negotiation and formation of franchise agreements under which franchisees operated branches as agents of a bank. Issues of whether alleged statements made by the bank as to volumes of future business were statements as to what franchisees will likely achieve or statements regarding hypothetical possibility. Issues of “silence” in the context of the bank not volunteering information regarding business volumes achieved by existing franchisees were raised and whether maintaining of silence on that matter was misleading or deceptive conduct.
This interlocutory matter involved an application for a stay pending the appeal of 10 matters arising from the decision of Ball J (Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009656 740) (No 17) and 13 related matters [2014] NSWSC 55) which is referred to below. The nature of the application is summarised in the Practice and Procedure Practice Area on this web-site.
These proceedings involved 10 separate matters which were heard together. The matters were brought by a number of franchisees of the Bank of Queensland, all of whom operated branches of the Bank in New South Wales. In summary, those franchisees, claimed, among other things, that they were induced to enter into their respective franchise agreements and to continue to operate branches of the Bank by misleading or deceptive conduct by the Bank in contravention of s 52, as it then was, of the Trade Practices Act 1974 (Cth) (the TPA) (now the Competition & Consumer Act 2010) and section 42, as it then was, of the Fair Trading Act 1987 (NSW) (the FTA). One of the issues raised by the claims based on contraventions of s 52 of the TPA and s 42 of the FTA was whether, on the assumption that the Bank made certain representations to the franchisees and on the assumption that those representations were properly characterised as representations with respect to the future, the BOQ had reasonable grounds for making them. Some of the matters involved personal injuries claims arising from the Bank’s alleged conduct in operating the branch system and in terminating certain owner managers.
The hearing of the matters ran for over 100 days. As part of the dispute, the following interlocutory applications were made. The nature of each of these applications are summarised in the Practice and Procedure Practice Area on this web-site:
These matters involved an appeal from the decision of Buchanan J ([2010] FCA 1010) in proceedings involving claims for negligence, misleading and deceptive conduct, unconscionability, and breach of contract against a Bank who operated a franchise network of branches. The appeal was struck out.
In this matter claims of misleading and deceptive conduct, breach of agreement and negligence were made.
