Federal Court of Australia
AD ; > a
EX_TEMPORE
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIAN DISTRICT REGISTRY ) VG No. 162 of 1981 ) )
GENERAL DIVISION
IN THE MATTER OF The Petroleum Retail]
Marketing Franchise Act 1980
Between: GREGORY BRUCE JERKINS AND DEBRA ANN JERKINS
Applicants And: CALTEX OIL (AUSTRALIA) PTY. LIMITED. Respondent
Coram: Smithers J.
12 October 1981
Melbourne
REASONS FOR JUDGMENT
By an application dated the 10th day of September 1981 and amended on 22 September 1981 the applicants seek
relief as follows:-
1. An order pursuant to s.16(4) of the Petroleum Retail
Marketing Franchise Act 1980 (the Act) that the notice
dated 2ist day of August 1981 signed on behalf of the respondent and served on the applicants in relation to
the premises known as Ca]tex Auto Port, Lakes Entrance
in the State of Victoria has no effect.
2. In the alternative they seek an order pursuant to s.17(10) of the Act directing the respondent to renew the franchise agreement between the applicants and the
respondent relating to the said premises.
3. Ancilliary ©F consequential Orders as the Court deems fit, including interlocutory relief and an Order that the respondent, its servants and agents be restrained from taking any action in relation to the said notice pending the hearing and determination of
this application.
These proceedings relate to an agreement or agreements being franchise agreements within the meaning of the Act, made between the applicants, who are service station proprietors at Lakes Entrance in the State of Victoria and the Respondent a petroleum corporation which owns the marketing premises the subject of the said agreements. On 10 March 1977 the second named applicant and later the first named signed a franchise agreement with the respondent creating a licence in the applicants in those premises for a period of twelve months but subject, as provided by clause 3(a) of the agreement, to determination by the respondent at any time by thirty days notice in writing. By the said agreement the respondent
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