Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No, 136 of 1980
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GENERAL DIVISION
BETWEEN: GEORGE MACGREGOR AUTO SERVICE pTY. LTD. Applicant and CALTEX OIL (AUSTRALIA) PTY. LTD. Respondent NORTHROP J. REASONS FOR JUDGMENT 20 NOVEMBER 1980
George Macgregor Auto Service Pty, Ltd. ("the company") seeks an interlocutory injunction restraining Caltex Oil
(Australia) Pty. Ltd. ("Caltex"), its servants and agents:
"from treating the lease dated 30 September 1979 between (the company) and (Caltex) as terminated pursuant to sub-clause 2(a) therect, incluaing, without limiting the generality of the foregoing,
advertising or offering the demised prenuises for sele."
Caltex is the owner of a petrol selling outiet situated at 973 Burke Road, Camberwell, Since 1973 Georze Alexander McGregor and members of his family conductced a Caltex service station business at that site. The company was iuncorperated
in 1975 and took over the service station business.
Mr. McGrecor 15 a director of the corpary.
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Until September 1979, Mr, McGregor, and subsequently the company, occupied the service station site pursuant to a series of licences granted by Caltex, Under those licences Caltex had power to determine the licence at any time without
assigning any reason, by thirty days' notice in writing.
In September 1973 discussions took place between Mr. McGregor, his daughter Mrs, Waack, a director of the company, and a Mr. John Shergold, a wholesale representative of Caltex service station dealers, including the company. It was his duty to arrange for dealers to enter into leases of the service stations with respect to new dealers and to replace existing licences with leases insofar as they were held by existing dealers. Mr. McGregor had been told of the proposal earlier by another officer of Caltex. At the first meeting, Mr. Shergold left a copy of the proposed lease with Mr. McGregor. It was for a term of three years at a rental higher than the licence fee then being paid by the company. Sub-clause 2{a)
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