Federal Court of Australia
Oe ne CATCHWORDS
356 ~ PETROLEUM RETAIL MARKETING - Renewal of franchise aqreement - Breach of agreement by franchisee in relation to payment for fuel delivered - marketing practises of franchisor - Jurisdiction to make orders on application of franchisor for delivery of possession - Whether just and equitable to order renewal -
Appropriate terms of renewal - Costs.
Petroleum Retail Marketing Franchise Act 1980 ss.9. 10, 13, 16, 17, 18, 26.
MOBIL OIL AUSTRALIA LIMITED V BRIAN BRINDLE G.425 OF 1983
WILCOX J 19 OCTOBER 1984 SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
co a
leR
i.
BETWEEN :
WILCOX J 19 OCTOBER 1984 SYDNEY
Application dismissed.
Upon the Cross-claim:
No. G.425 of 1983
MOBIL OIL AUSTRALIA IMI
|
E
|
Applicant BRIAN BRINDLE
Respondent BRIAN BRINDLE
Cross-Claimant
MOBIL OTL AUSTRALIA
LIMITED
Cross-Respondent
a) NOTED that the Applicant acknowledaes that before
14 September 1984 the respondent. in accordance
with the Reasons for Judaement of 14 Auaqust 1984,
b)
c)
paid to the applicant the sum of $34,109.77 together with interest at the current rate applicable in the Supreme Court of New South Wales. ORDER that the Lease bearing date 1 April 1981 from the applicant to the respondent of the Service Station premises at Corner Pioneer and Towradai Roads, Towradai (the marketina premises) be renewed on the terms set forth in the Lease in Annexure B of the Affidavit of M Leahv of 2 July 1984 save that:
(i) the rental in the renewed Lease shall be:
Year 1 $11,600.00 per annum Year 2 $19,800.00 per annum Year 3 $24,000.00 per annum
(ii) Clause 3 of the Lease be amended bv deletina the words from "PROVIDED HOWEVER" to the end of Clause 3.
ORDER that the Reseller Contract dated 1 April 1981
between the applicant and the respondent in respect
of the marketing premises be renewed on the terms set forth in the Reseller Contract in Annexure B of the Affidavit of M Leahv of 2 July 1984 and that the renewed Reseller Contract contain a Clause
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