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Master Education Services Pty Ltd v Ketchell

Judgment Cited authorities 36 Cited in 66 Precedent Map Related
Vincent
JurisdictionAustralia Federal only
JudgeGummow ACJ,Kirby,Hayne,Crennan,Kiefel JJ
Judgment Date27 August 2008
Neutral Citation[2008] HCA 38,2008-0827 HCA A
CourtHigh Court
Docket NumberS139/2008
Date27 August 2008
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52 cases
  • Quinn v IBRC (in special liquidation)
    • Ireland
    • Supreme Court
    • 27 March 2015
    ...better served by a refusing to nullify a bargain save on serious and sufficient grounds’. 7.45 In Master Education Services v. Ketchell [2008] H.C.A. 38, a case concerning the legality and consequent enforceability of a franchise agreement which contravened Franchising Code of Conduct and s......
  • Gnych v Polish Club Ltd
    • Australia
    • High Court
    • 17 June 2015
    ...HCA 7. 24 (2007) 232 CLR 1 at 29 [45]; [2007] HCA 38. 25 (1978) 139 CLR 410 at 423; [1978] HCA 42. 26 (2007) 232 CLR 1 at 29 [46]. 27 (2008) 236 CLR 101 at 107 [11]; [2008] HCA 38. 28 Australian Broadcasting Corporation v Redmore Pty Ltd (1989) 166 CLR 454 at 457, 462; [1989] HCA 15. 29 (19......
  • Rafferty v Time 2000 West Pty Ltd (No 4)
    • Australia
    • Federal Court
    • Invalid date
  • Momcilovic v The Queen
    • Australia
    • High Court
    • 8 September 2011
    ...v Westpac Banking Corporation (2010) 241 CLR 79 at 101 [68], 105 [78]; [2010] HCA 25. 361Master Education Services Pty Ltd v Ketchell (2008) 236 CLR 101 at 114 [31]; [2008] HCA 362 (1926) 38 CLR 441; [1926] HCA 50. 363 (1926) 38 CLR 441 at 446. 364 (1926) 38 CLR 441 at 461. 365 Navigation ......
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5 firm's commentaries
  • High Court Sets Aside Decision Of Court Of Appeal In Ketchell's Case
    • Australia
    • Mondaq Australia
    • 8 September 2008
    ...27 August 2008, the much anticipated decision of the High Court in Master Education Services Pty Ltd v Ketchell [2008] HCA 38 was handed down. The joint and unanimous of the High Court overturned the orders of the New South Wales Court of Appeal and held that a franchise agreement will not ......
  • Life after Ketchell: Still a Lesson for Franchisors
    • Australia
    • Mondaq Australia
    • 3 October 2008
    ...(Master Education Services Pty Limited v Ketchell [2008] HCA 38) was subject to a successful appeal to the High Court of Australia. All Franchisors would be aware of the significance of the case. The High Court decision is clearly a correct one and the High Court's decision allows commercia......
  • The Franchising Code of Conduct
    • Australia
    • Mondaq Australia
    • 10 November 2011
    ...or with a random audit or investigation by the ACCC should either arise. Footnotes 1 Master Education Services Pty Ltd v Ketchell (2008) 236 CLR 101. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific...
  • What Happens To A Franchising Agreement If The Franchising Code Wasn't Complied With?
    • Australia
    • Mondaq Australia
    • 8 September 2008
    ...what happens if they are not followed? The High Court today answered that question in Master Education Services Pty Limited v Ketchell [2008] HCA 38: failure to comply with the Code does not automatically mean agreement is void and unenforceable. The franchising agreement, disclosure and th......
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