Acton Real Estate Pty Ltd v Shemiran Pty Ltd

Acton Real Estate Pty Ltd, the applicant, sought to appeal the dismissal of their application for summary judgment against Shemiran Pty Ltd, the respondent. The applicant sought to recover the sum of $123,617.98, which they claimed was owed to them under the terms of a franchise agreement. The case was heard in the Supreme Court of Queensland. The applicant argued that the respondent had breached the franchise agreement by terminating the agreement without just cause. The respondent, however, argued that the applicant had breached the agreement by failing to perform their obligations under it.

The legal issues before the court were whether the court had jurisdiction to hear the appeal and whether there was a triable issue as to the implied term of good faith. The applicant argued that the court had jurisdiction to hear the appeal and that there was no triable issue as to the implied term of good faith. The respondent argued that the court did not have jurisdiction to hear the appeal and that there was a triable issue as to the implied term of good faith. The court found that it had jurisdiction to hear the appeal and that there was no triable issue as to the implied term of good faith. The court held that the appeal was not an appeal from an interlocutory order, but rather an appeal from the dismissal of an application for summary judgment. The court also held that the existence of an implied term of good faith in a franchise agreement was not a question of law, but rather a question of fact. Therefore, there was no triable issue as to the implied term of good faith.

The court allowed the appeal and set aside the decision of the primary judge. The court held that the applicant was entitled to judgment in its application for summary judgment. The court held that the respondent had breached the franchise agreement by terminating the agreement without just cause. The court also held that there was no triable issue as to the implied term of good faith. The court ordered that the respondent pay the applicant the sum of $123,617.98, together with interest and costs.