Camden Video Pty Limited v Civic Video Pty Limited

Camden Video Pty Limited (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the District Court which had dismissed its claim against Civic Video Pty Limited (the respondent). The dispute concerned the calculation of franchise fees payable under a franchise agreement, specifically where the franchisor was entitled to make "reasonable estimates" of certain figures.

The central legal issue before the Court of Appeal was whether the appellant had discharged its onus of establishing that its "reasonable estimates" of franchise fees were, in fact, reasonable in accordance with the terms of the franchise agreement. This involved an examination of the evidence presented by the appellant to support its estimations and whether those estimations met the contractual standard of reasonableness.

The Court of Appeal found that the District Court had erred in its assessment of the evidence. The Court of Appeal concluded that the appellant had provided sufficient evidence to demonstrate that its estimates were reasonable, particularly in light of the available financial records and the nature of the estimations required by the contract. Consequently, the appeal was allowed, the District Court's orders were set aside, and judgment was entered in favour of the appellant for the sum of $19,350. The respondent was ordered to pay the appellant's costs of the appeal.