Gardner Corporation Pty Ltd v Zed Bears Pty Ltd

The case involved a dispute between a franchisor and its franchisee. The case was referred to a Master to determine certain issues, including the amount owed by the defendants for goods sold and delivered by the plaintiff and the interest on the outstanding sums. The Master found that certain invoices were undisputed, while others were disputed. The Master allowed certain disputed invoices and disallowed others based on the evidence presented. The Master also determined that the interest on the outstanding sums should be calculated on a simple interest basis, rather than a compound interest basis, as provided for in the Franchise Agreement. The Master further found that simple interest should also be applied to the outstanding franchise service fees and advertising levies. The Master's decision was subject to the trial Judge's interpretation of certain orders regarding the relief of certain defendants from paying interest after a specific date.
The final orders of the Master are subject to the trial Judge's determination of the costs of the hearing before the Master.