Astram Financial Services Pty Ltd v Bank of Queensland Ltd

This case involved a claim by Astram Financial Services Pty Ltd and its associated applicants (the Applicants) against the Bank of Queensland Ltd (the Bank) for alleged breaches of the Trade Practices Act 1974 (Cth) (the Act), and a cross claim by the Bank against the Applicants. The Applicants alleged that the Bank engaged in misleading and deceptive conduct, unconscionable conduct, and breached a statutory franchising code of conduct. The Bank sought costs against the Applicants. The court considered the Applicants' claims and found that they were not established. The court rejected the Applicants' arguments that the Bank made assurances about the success of the franchise business and that they relied on those assurances. The court held that the Applicants were bound by the written contractual terms they executed, and the assurances upon which they relied were contradicted by those terms. The court also found that the Applicants were personally liable for the debts of Astram under the guarantees and mortgage executed by them. The court ordered that the Applicants be jointly and severally liable for the Bank's costs of and in connection with the application and the cross claim. The court dismissed the Applicants' claims and ordered that the Bank recover its debts from the Applicants.