Federal Court of Australia
Jucgement No. & b _—
|S erseecae
CATCHWORDS
ESTOPPEL - claim under statute - provision against contracting out - whether precludes reliance. on estoppel - claim that court given jurisdiction by estoppel.
STATUTE - implication in.
Petroleum Retail Marketing Franchise Act, 1980 ss.3(1), 3(2), 7, 13, 14, 15, 17, 17A, 17B
Beckford Nominees Pty. Ltd. v. The Shell Company of Australia Limited
QLD Gi30 of 1986
PINCUS J. BRISBANE 1 OCTOBER 1986
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN: BECKFORD NOMINEES PLY. LTD.
Applicant
AND: THE SHELL COMPANY OF AUSTRALIA LIMITED
Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. 1 OCTOBER 1986
DATE OF ORDER: WHERE MADE: BRISBANE THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs of and incidental to the proceedings, to be taxed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
QLD G130 of 1986
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G130 of 1986 GENERAL DIVISION )
BETWEEN: BECKFORD NOMINEES PIY. LTD.
Applicant
AND: THE SHELL COMPANY OF AUSTRALIA LIMITED
Respondent
PINCUS J. 1 OCTOBER 1986
REASONS FOR JUDGMENT
This is an application by the former lessee of a service station for an order having the effect of extending its lease, which expired on 19 September 1986. The main basis of the application 1s that the respondent lessor promised to extend the lease or, to put 1t a little lower, gave the applicant to
understand that it would do so.
It 1s common ground that the lease in question isa "franchise agreement" within the definition in s.3(1) of the Petroleum Retail Marketing Franchise Act 1980, and that the lessor is a "franchisor" within the meaning of the Act. Section 17 of the Act, subject to certain other provisions, makes it unlawful for a franchisor to fail or refuse to renew a franchise agreement, except in certain circumstances which it is not necessary to set
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