Federal Court of Australia
Petroleum Retail Marketing Franchise Act 1980 - notices of termination of lease agreement and reseller supply contract regarding service station - whether franchise agreement or franchise agreements under Act ~ delivery of fuel to applicants from source other than respondents - whether wilful adulteration or wilful passing off - meaning of "wilful" - whether termination of agreement just and equitable in all the circumstances - onus of
proof - applicability of Property Law Act 1969-1973 (W.A.)
Petroleum Retail Marketing Franchise Act 1980 (Cth) ss. 3(1), 6(1) 16(2), 16(3), 16(4), 16(5), 16(6)
Property Law Act 1969-1973 (W.A.) s.81
JOHN KENT RICHARDS and DIANNA GRACE RICHARDS v. GOLDEN FLEECE PETROLEUM LTD.
No. WAG 13 of 1983
TOOHEY J. Perth
15 September 1983
IN THE FEDEPAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT ORDERS THAT:
oe
ween ww
BETWE
ORDER
No. WAG 13 of 1983
E N:
JOHN KENT RICHARDS and DIANNA GRACE RICHARDS
Applicants and
GOLDEN FLEECE PETROLEUM LTD. Respondent
and
GOLDEN FLEECE PETROLEUM LTD. Cross-Claimant
and
JOHN KENT RICHARDS and DIANNA GRACE RICHARDS Cross-Respondents
Toohey J.
15 September 1983
Perth
1. The court declares that the notices dated 15
March 1983 given by the respondent to the
applicants have had no effect.
2. The respondent's cross-claim be dismissed.
3. The applicants
pay the respondent's costs of
the application and cross-claim to be taxed as
one set of costs.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 13 of 1983
wee ew
BETWEEN: JOHN KENT RICHARDS and DIANNA GRACE RICHARDS Applicants and
GOLDEN FLEECE PETROLEUM LTD. Respondent
and
GOLDEN FLEECE PETROLEUM LTD. Cross~Claimant
and
JOHN KENT RICHARDS and
DIANNA GRACE RICHARDS Cross-Respondents
CORAM: TOOHEY J. 15 September 1983
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