Goodlen Pty Limited v BP Australia Pty Limited [2004] FCAFC 331

FEDERAL COURT OF AUSTRALIA

Goodlen Pty Limited v BP Australia Pty Limited [2004] FCAFC 331 STATUTES - Interpretation - The Petroleum Retail Marketing Franchise Act (Cth) ("the Act") - Purported termination of multi-site franchise agreements by notices served by franchisor upon franchisee under s 16 of the Act - Sufficiency of notices - Whether it was "just and equitable" for the notices to terminate the franchise agreements - Applicable principles - Adequacy of notice and the consequences of inadequacy - Failure to provide full particulars of a ground of termination will infect entire notice - statutory intention - purpose of a s 16 notice - to arm franchisee with sufficient information to make informed decision about course of action - meaning of "notice in writing" - meaning of "setting out" - meaning of "full particulars" - meaning of "including a statement of the facts relating to each ground" - Act intended to operate in a practical way - Act intended to balance the rights and interests of franchisor and franchisee - Act intended to afford measure of protection to franchisees - Notices when read as a whole not complying with the Act - Notices not conveying sufficient notice as required by the Act - Franchisor's "election" to renew an agreement not precluding statutory right to terminate by valid notice - Appeal allowed. Petroleum Retail Marketing Franchise Act 1980 s 16 Occupational Health and Safety Act 2000 (NSW) Conveyancing and Law of Property Act 1881 (UK) s 14 Conveyancing Act 1919 (NSW) s 129 Hudson v BP Australia Ltd [1984] FCA 313 discussed Briginshaw v Briginshaw (1938) 60 CLR 336 referred to Caltex Oil (Aust) Pty Ltd v Best (1990) 170 CLR 516 cited Scurr v Brisbane City Council (No 5) (1973) 133 CLR 242 cited Anjac Pty Ltd v Caltex Oil (Aust) Pty Ltd (1985) 9 FCR 553 cited Pannell v City of London Brewery Company [1900] 1 Ch 496 discussed Fox v Jolly discussed Sargent v ASL Developments Ltd (1974) 131 CLR 634 distinguished