Federal Court of Australia
JUDGMENT No. soc Samal ont,
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY No. G266 of 1984
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GENERAL DIVISION
BETWEEN :
RAYMOND JAMES HUDSON and BARRY FREDERICK KURTZ
Applicants AND:
B.P. AUSTRALIA LIMITED
Respondent
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FOX J.
DATE: 25 September 1984 (EX TEMPORE)
REASONS FOR JUDGMENT
FOX J.
I. am hearing an application for interlocutory relief
which is based upon the requirements of s.17 of the Petroleum
Retail Marketing Franchise Act 1980 ("the Act"). It is agreed by
the parties that if I take the view that a notice purporting to have been given under that section is invalid, I may make an
order for final relief.
The facts can be stated briefly. The applicants conduct a service station in Ultimo, Sydney. The respondent owns the land on which the business is conducted, and supplies petroleum products to the applicants. The applicants held a lease of the land from the respondent for a term of three years which expired
on 31 July 1984.
The respondent had been considering the sale of the land for some time. By letter dated 28 June 1984 it gave notice to
the applicants that it did not intend to renew the lease. The letter is the notice to which I have referred earlier and it was
as follows (omitting formal parts):
"Re: Premises at 478-492 Wattle St., Ultimo"
Please take notice that our Company has decided not to renew your Lease (franchise agreement) of the abovementioned service station on the ground that our Company has entered into negotiations for an agreement to sell its interest in those marketing premises toa person not being an associate of our Company.
The facts relating to the ground upon which the decision not to renew your franchise agreement are that on 26th June, 1984 our Company entered into negotiations with Mons Grove Developers Pty. Ltd. to sell the property and such negotiations are proceeding. In these circumstances if the term of your franchise agreement shall expire before the end of the ninetieth day after the receipt by you of this notice then subsection (9) of section 17 of the Petroleum retail Csicl Marketing Franchise Act 1980 provides that the term of your franchise agreement shall be deemed to be extended until the end of that ninetieth day.
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