Federal Court of Australia
——
Sdlges Lbeorten
TRADE PRACTICES - franchise agreements - Petroleum Retail
Marketing Franchise Act - action by corporate franchisee against franchisor - agreement expressed to be with natural person - director of franchisee - doctrine of undisclosed principal -
motion to strike out proceeding as frivolous and vexatious -
motion dismissed.
Trade Practices Act 1974 s.82 Petroleum Reta1ll Marketing Franchise Act 1980 s.22
Bowstead on Agency 5th Ed.
SAGITTARIAN ENTERPRISES PTY LTD AND RAYMOND ARTHUR WOOLLETT and
KAYE LORRAINE WOOLLETT v AMPOL LIMITED
NO. WAG 9 OF 1986
FRENCH J. 7 May 1987 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN DISTRICT REGISTRY GENERAL DIVISION
No. WAG 9 of 1986
BETWEE Nz: 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: FRENCH J. DATE OF ORDER: 7 May 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
l. The respondent's motion is dismissed. 2. The respondent to pay the applicants' costs of the motion.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
Pe en! e+ e SOn On ne Oe eT ad
a ee
ea tyres
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN DISTRICT REGISTRY GENERAL DIVISION
No. WAG 9 of 1986
BETWEEN: SAGITTARIAN ENTERPRISES PTY LTD First Applicant
and
RAYMOND ARTHUR WOOLLETT and KAYE LORRAINE WOOLLETT
Second Applicants and AMPOL LIMITED Respondent
CORAM: FRENCH J. 7 May 1987
REASONS FOR JUDGMENT On 17 February 1986 Raymond Arthur Woollett commenced proceedings against Ampol Limited, claiming compensation under
s.22 of the Petroleum Retail Marketing Franchise Act 1980 and
alternatively damages under s.82 of the Trade Practices Act 1974.
By the statement of claim which accompanied that application Mr Woollett said he was the operator of a petrol service station in Dianella selling to the public, fuel and oil
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