Federal Court of Australia
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Practice and Procedure - claim under Petroleum Retail Marketing
Franchise Act 1980 - application to strike out paragraph of defence - alleqation in statement of claim of failure to renew franchise agreement in breach of s.17 of the Act - defence under
s.13(6) of the Act raised by respondent - proper construction
thereof
Petroleum Retail Marketing Franchise Act 1980 ss.3, 13, 17
SAGITTARIAN ENTERPRISES PTY. LTD. and
RAYMOND ARTHUR WOOLLETT and KAYE LORRAINE WOOLLETT
Ve AMPOL LIMITED
No. WA G9 of 1986
TOOHEY J. PERTH 13 NOVEMBER 1986
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IN THE FEDERAL COURT OP AUSTRALTA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
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BETWEEN: SAGITTARIAN ENTERPRISES PTY. LTD. First Applicant
and
RAYMOND ARTHUR WOOLLETT and KAYE LORRAINE WOOLLETT
Second Applicants and AMPOL LIMITED
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER: 13 November 1986
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The applicants' motion filed 9 October 1986 is dismissed.
2. There be liberty to apply as to the costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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RaLIn , OLSTRICT REGISTRY GENERAL DIVISION
BETWEEN:
SAGITTARIAN ENTERPRISES PTY. LTD. First Applicant
and
RAYMOND ARTHUR WOOLLETT and KAYE LORRAINE WOOLLETT
Second Applicants and AMPOL LIMITED
Respondent
CORAM: TOOHEY J. 13 November 1986
REASONS FOR JUNGMENT This motion to strike out part of the respondent's
defence raises a question as to the proper construction of
a provision of the Petroleum Retail Marketing Franchise Act 1980
("the Act").
In their statement of claim the applicants plead three agreements made between the first applicant and the respondent on 29 July 1981, collectively described as "the Franchise Agreement". There was a licence agreement agranting the first applicant a license to occupy service station premises for a period of three
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