R.J. & M.C. Jarrett Pty Ltd v. BP Australia Ltd [1987] FCA 320

» BAO

CATCHWORDS Petroleum Retail Marketing Franchise Act - Agencies and |" franchises - "goodwill" payment to outgoing agents - promise by supplier to offer franchise to new agents - offer made and f

rejected.

Petroleum Retail Marketing Franchise Act 1980-1985

No. G.13 of 1986 [

R.J. & M.C. JARRETT PTY LTD trading as BP BRIDGE ROAD and BP AUSTRALIA LIMITED

FORSTER, J. ADELAIDE 19 JUNE 1987

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G13 of 1986 ) )

GENERAL DIVISION

BETWEEN:

R.J. & M.C. JARRETT PTY LTD trading as BP BRIDGE ROAD

Applicants - and - BP AUSTRALIA LIMITED

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER FORSTER J.

oe

ADELAIDE

WHERE MADE

DATE OF ORDER 19 JUNE, 1987

THE COURT ORDERS THAT:

i. The application be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G13 of 1986 ) )

GENERAL DIVISION

BETWEEN:

R.d. & M.C. JARRETT PTY LTD trading as BP BRIDGE ROAD

Applicants - and -

BP AUSTRALIA LIMITED

Respondent

REASONS FOR JUDGMENT

CORAM: Forster J.

The applicant, ("the company"), a company of which Robert John Jarrett and Margaret Craig Jarrett are the directors, carries on business as lessees or franchisees or commission agents of service stations. The company claims against the respondent ("BP") with respect to a service station site in Bridge Road, Pooraka a few miles north of Adelaide. The claim is made on a number of bases with which I will deal later. At the end of the day the whole matter is in a relatively small

compass and there is little contradiction between witnesses.

Some of the background is non-controversial. The Jarretts personally had been commission agents and later lessees from BP with respect to a site in Salisbury known as the Long