Federal Court of Australia
=
PETROLEUM RETAILING - franchise agreement - exclusive purchase conditions - majority of fuel sold foreign fuel ~ breach of conditions ~ breaches of lease agreement - franchisee abdicates
responsibility for service station business to successive third Parties - misleading and deceptive conduct - termination of franchise agreement and lease - whether just and equitable - third party interests - jurisdiction of court to make declaration ~ order for possession - relief against forfeiture - damages ~
continuing cause of action - mitigation of loss.
Petroleum Retail Marketing Franchise Act 1980
Petroleum Retailers Rights and Liabilities Act 1982 (WA) s.5 s.16 Federal Court of Australia Act ss.22, 23 and 32
Trade Practices Act 1974 s.52
McGregor on Damages 14th Edition para. 218
Mobil Oil Australia Ltd v Brian Brindle (1984) 56 ALR 541 Richards v Golden Fleece Petroleum Pty Ltd (1983) 49 ALR 337
J. & M. O'Brien Enterprises Pty Ltd v Shell Company of Australia
(1982) 45 ALR 81 Hole v Chard Union (1894) 1 Ch. 293
GULL PETROLEUM (W.A.) PTY LTD and RAMILO NOMINEES PTY LTD v
SINBADS NIGHTCLUB PTY LTD No. WAG 102 of 1986
FRENCH J. 30 JULY 1987 PERTH
on rr ee ee
Se ee ee Tee ,
7 yo
"oe
oe ee en aan fe
von ae
fy
Seon,
Seep
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
ner ee
No. WAG 102 of 1986
GULL PETROLEUM (W.A.) PTY LTD First Applicant
and
RAMILO NOMINEES PTY LTD Second Applicant
and
SINBADS NIGHTCLUB PTY LTD
Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 30 July 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
1.
It is hereby declared that the supply and licence agreements between the first applicant and the respondent and the lease agreement between the second applicant and the respondent in respect of the premises
known as Ginger's Roadhouse terminated on 15 October
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