Mr Trumbull alleges Jump! engaged in misleading and deceptive conduct by promising the schools would be operational within six to nine months and also for requiring payments when the swimming schools were not in existence.
«My wife and I wanted to focus on a business opportunity that would suit our needs,» Mr Trumbull, who has a special needs daughter himself, told the NSW District Court on Tuesday.
“I had a level of comfort that reflected they knew that I needed the swim school in between six and nine months,» he said. “[Company representatives] told me they had found sites in a week before.”
However, Jump! which operates more than 60 swimming school franchises around Australia and has operations in New Zealand, Brazil and Singapore disputed the timeframe saying it was simply a guide.
Under cross-examination, it was put to Mr Trumbell by defence lawyer Mark Gunning, he was happy with the arrangement because he did not exercise a clause allowing him to exit the contract if a location, which was eventually found at Mona Vale, could not be found within four months.
«You were prepared to stay with the franchise agreement for Mona Vale even though it took five months to secure,» Mr Gunning said.
The case continues on Wednesday.
Jump! is currently embroiled in several legal proceedings with franchisees.
In April, Victorian Supreme Court Justice John Digby found in favour of franchisees Todd and Jenelle Delahunt in proceedings brought against Swim Loops (trading as Jump!).
The court heard the Delahunts paid $138,000 to Jump! upon opening the swimming school which they financed through a loan secured over their family home.
However Jump! took possession of the Delahunt’s swim school in Reservoir over a dispute over $30,753.
Justice Digby granted an injunction compelling Jump! to relinquish possession and operation of the swimming school.