Federal Court of Australia
CATCHWORODS
Petroleum Retail Marketing Franchise Act 1980 - Notice of Termination pursuant to sub-section 16(3) ~ Notice ineffective as statutory notice - Whether valid
as notice to quit under general law. ~,
o
Petroleum Retail Marketing Franchise Act 1980
Section 16
Dagger v. Shepherd fi946| 1 K.B. 215
Russell Cowan Pty. Ltd v. Bussell (1956) S.R. (N.S.W.) 300
Cowan v. Wrayford fos} 2 All E.R. 1138
Mills v. Edwards [1971| 1 9.3. 379
Phillip Morris Inc. v. Adam P. Brown Male Fashions Pty. Ltd. (1980) 33 A.D.R. 465
J. & M. O'Brien Enterprises Pty. Limited v. The Shell Company of Australia Limited
No. G134 of 1980
No. Gill of 1981
Neaves J. 28 April, 1983 Sydney
Daten
iN THE FEDERAL COUR! OF AUSTRALIA }
} NEW SOUTH WALES DISTRICT REGISTRY } G134 of 1980
) - GENERAL DIVISION ) Gil of 1981
/
BETWEEN : J. & M. O'BRIEN ENTERPRISES PTY. LIMITED
~, Applicant AND: THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 28 April, 1983 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The cross-claims in each of matters G134 of 1980 and G11 of 1981 be dismissed.
2. The application of the cross-claimant to be released from its undertaking given to the Court on 13 August 1981 be refused.
3. The cross-claimant pay the costs of the cross- respondent of the proceedings on the cross-claims
since 7 December 1982.
IN THE FEDERAL COURT OF AUSTRALIA rs No. G134 of 1980
NEW SOUTH WALES DISTRICT REGISTRY
No. Gll of 1981
et et et ee
GENERAL DIVISION
BETWEEN: J. & M. O'BRIEN ENTERPRISES PTY. LIMITED
Applicant
[2
THE SHELL COMPANY OF AUSTRALIA LIMITED. SSS
Respondent
REASONS FOR JUDGMENT
NEAVES J.
I have before me two proceedings (G134 of 1980 and Gli of 1981) brought by J. & M. O'Brien Enterprises Pty. Ltd. (which I will cail "O'Brien Enterprises") against The Shell Company of Australia Limited (which I will call "Shell") in which O'Brien Enterprises sought orders to the effect that Shell was bound under the
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