RFG can’t have its cake and eat it too

Guirguis Pty Ltd & Anor v Michel’s Patisserie System Pty Ltd & Ors [2017] QCA 83

PRIOR REPRESENTATION DEEDS commonly used in franchising will now have less of an effect as a result of a Court of Appeal decision handed down yesterday.

The case concerned a Michel’s Patisserie in Townsville. The franchisee alleged misrepresentations about regular deliveries from Brisbane to Townsville, including the quality of frozen product once trucked that far and thawed, plus non-disclosure of a lack of suppliers, including that a key bakery in Brisbane had been placed in administration. The franchisee claimed that deliveries were in fact going to be from Sydney and had never been delivered as far away as Townville, or indeed, had not been delivered to Queensland over the past two years. […]

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