Federal Court of Australia
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW No. G.29 of 1987
eS
GENERAL DIVISION
BETWEEN: W_WEHBE PTY LIMITED
Appellant
AND: CALTEX OIL (AUSTRALIA) PTY LIMITED
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 18 MARCH 1987
MINUTES OF ORDER THE COURT ORDERS THAT: i, The Notice of Motion be dismissed. Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
= 2 APR 1987
ERAL COURT OF FED AUSTRALIA
PRINCIPAL REGISIAY
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW No. G.29 of 1987
wer rw vw
GENERAL DIVISION
BETWEEN: W WEHBE PTY LIMITED
Appellant
AND: CALTEX OIL (AUSTRALIA) PTY LIMITED
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 18 MARCH 1987
EXTEMPORE REASONS FOR JUDGMENT
There is before the Court a Notice of Motion whereby the respondent to a pending Full Court appeal seeks an order that the appellant provide security for costs of the appeal. The subject matter is one of two matters which were heard together by Sheppard J. In one case the applicant before his Honowr was a company, W Wehbe Pty Limited. In the other case the applicant was Mr Wehbe personally. Sheppard J described Mr Wehbe in his judgment as the "alter ego" of the company. It appears from documents before me that the only two
directors of the company are Mr Wehbe and his wife.
The company was the franchisee and lessee of a service station at 77 Hume Highway, Chullora. Mr Wehbe personally was the franchisee and lessee of a service station at Strathfield. In each case the lessor was the present applicant, Caltex Oil (Australia) Pty Limited. It appears that Caltex formed the view that Mr Wehbe had been guilty of dishonesty in the way in which the Chullora service station had been conducted. The particular form of dishonesty was said to be the stealing of distillate owned by Caltex. It was on the basis of the lessor's view that Mr Wehbe was an unsuitable person to be conducting a service station owned by it that notice of termination of the two franchises and
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate