Skouloudis v Georges Jet Gas Australia Pty Ltd [1986] FCA 411

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NOT CONSIDERED SUITABLE FOR CIRCULATION

IN THE FEDERAL COURT OF AUSTRALIA

No. 315 of 1986 No. 316 of 1986

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN: SKOULOUDIS Applicant AND:

GEORGES JET GAS (AUSTRALIA) PTY LIMITED

Respondent

EX-TEMPORE REASONS FOR JUDGMENT BURCHETT J.

This is an application for an order restraining the respondent from continuing certain proceedings in ejectment in the Supreme Court of New South Wales. The background is that an application was made for relief under the Petroleum Retail Marketing Franchise Act 1980 in respect of notices to terminate agreements in relation to service stations at Milperra and Holbrook, and to vacate the premises involved, issued by the respondent against the applicant on 1 July 1986. Promptly after the issue of the notices, proceedings were begun by the applicant

in this Court under s.16 of the Petroleum Retail Marketing

Franchise Act 1980. Later, ejectment proceedings were begun by

the respondent in the Supreme Court of New South Wales,-and later

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again, further notices were issued by the respondent which were

expressly based on the Petroleum Retail Marketing Franchise Act 1980.

The applicant now seeks to restrain the respondent from continuing the Supreme Court proceedings on the footing that those proceedings will not deal with the whole dispute, and that the proceedings in this Court were appropriate to do so and were begun first. He says that both proceedings should not go on at once, and that his choice of a forum should not be ignored. I do not understand the respondent to dispute that the issues under the later notices cannot arise in the Supreme Court proceedings, having regard to their date in relation to the commencement of those proceedings, which are in ejectment, and the terms of the