Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT RECISTRY
GENERAL DIVISION
No. NIG 1 of 1980
BETWEEN : J. AH TOY PROPRIETORY LIMITED Applicant AND:
THIESS TOYOTA PTY. LID.
Respondent a . Pp
REASONS FOR JUDGMENT (delivered 28 March 1980)
FORSTER C.J.
The applicant is and has been since 1967 an agent of the respondent for the sale of Toyota motor vehicles and spare parts from its premises at Pine Creek. This agency and its terms are established by an undated agreement probably executed in 1967 or 1968 and an amendment to that agreement consequent upon the
coming into effect on 1 February 1975 of the Trade
Practices Act 1974. This amendment is contained in a
letter dated 4 February 1975 from the respondent to the applicant and acknowledged in writing by the applicant The amendments which do not really touch the matter in hand are concerned with deleting from the contract provisions for price maintenance, dealing in defined
territories, and the like. The agreement contains the
ce ee reper ata mneminim taal RA a er ALR RG ly fH IY ANTRAL SOAP EOE PT . 5 - . -
following clause "Tenure" -
"This Agreement shall continue in force from the date hereof and subject to the provisions herein contained thereafter without limitation as to time until it is terminated by either party at any time by giving to the other 60 days' notice in writing to this effect."
?
On 27 December 1979 the respondent sent to the applicant
a letter purporting to give sixty days notice to terminate the agency agreement. On 29 February 1980 the day before the expiry of the sixty days notice the applicants
applied to me as a matter of urgency for an order for an injunction restraining the respondent from -
"(a) terminating the Toyota franchise or dealership held by the applicant;
(b) giving effect to the purported i
termination of such franchise or
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