Boddy & Collins Pty Ltd & Ors v Ampol Petroleum Ltd [1981] FCA 113

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AUSTRALIA, BUSS a2

COMMONWEALTH REPORTING SERVICE

City Mutual Building, PRINCIPAL REPORTER, Hobart Place, AUSTRALIAN CAPITAL TERRITORY CANBERRA CITY, AC T. 2601

PO. Box 476

Telephone: (062) 49 7322

CORRECTION TO TRANSCRIPT

In the matter of BODDY and COLLINS PTY LIMITED and

Nicholas DESMOND, Marion Gertrude DESMOND and AMPOL

PETROLEUM LIMITED, heard in the Federal Court of Australia before Fox J, at Canberra on Thursday, 2 July 1981, please substitute pages 127 - 143 for transcript previously

issued,

This transcript has been re-issued at the request of the court, to incorporate the judgment delivered by the

Court.

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t 7, WV. J. MILLS \ ree 2 Principal Reporter \ Fe er 13/7/1981

YUCK

vf , per: Lerch

That unless otherwise authorized and directed by the sub~lessor the sub-—lessee will sell and use in his business only petroleum products supplied or distributed by Ampol Petroleum Limited or its agents under the terms of that company's normal trading agreement from the date hereof until 29 March 1983 and thereafter that the sub-lessee will only sell and use in its business petroleum products supplied or distributed by such petroleum company (if any) with whom the sub-lessor shall have

a trading agreement covering the said block 1 section 12 Fyshwick at that time.

Even at common law the effect of that clause must be a matter for debate but it 1s a provision of the sub-lease which 1s especially pointed to in the present proceedings.

On 1 July 1976 the applicant entered into an agreement called a "resellers agreement" with Ampol. It was in substance an agreement for the sale and purchase of petrol for an initial perz1od of 38 months from 1 July 1976, terminable on notice thereafter. There were ancillary provisions about the loan of equipment by Ampol and powers in Ampol to remove the equipment in certain circumstances. The principal part of the equipment comprised four underground tanks and five electric pumps or bowsers. In certain circumstances the applicant had an option to purchase the equipment or part of it.