Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
en ea
CORAM: TOOHEY J.
29 June 1983
U2 oF AVS ly oo -
No. WAG 13 of 1983
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
REASONS FOR JUDGMENT
The respondent seeks from the applicants further
discovery of and inspection of documents.
The applicants carry on the business of retailing
petroleum products and claim to be the holders of a
franchise agreement as that term is defined in the
Petroleum Retail Marketing and Franchise Act 1980,
being the assignees of a lease and reseller supply contract
from the respondent.
By notices dated 15 March 1983 the respondent terminated those agreements. It did so on the ground that on 2 March 1983 the applicants obtained a delivery of and sold petroleum products other than those supplied or marketed by the respondent; that in consequence they wilfully adulterated motor fuel supplied to them by the respondent; and that in further consequence they sold or permitted to be sold and passed off or permitted to be passed off the motor fuel as fuel supplied by the respondent. These acts, if established, constitute grounds for termination of a franchise agreement by reason of s.16(2) of the Act.
The applicants deny these allegations and seek declarations that the respondent's notices are of no effect. Documents discovered by the applicants, include a readings book for the period 27 October 1982 to 3 June 1983
and summary sheets for the period 1 March 1983 to 3 March 1983. In further and better particulars provided by the respondent, it is alleged that prior to 2 March 1983 the applicants engaged in conduct of the kind that led to the giving of notices by the respondent. The applicants have declined to give any discovery of documents relating to
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