Federal Court of Australia
JUDGES. 2. 731 8E
CATCHWORDS
TRADE PRACTICES ~ Misleading conduct - Alleged representation
by lessor of service station that freehold had been sold -
Damage claimed to be suffered.
NEGLIGENCE - Claim by lessee for cost of repairs to customers' motor vehicles by filling with distillate rather than petrol
as a result of mistake in delivery by lessor's employee.
PETROL RETAILING - Notice of termination of franchise by lessor by reason of defaults by franchisee - Validity of
notice - Notice of non-renewal of franchise - Validity of
notice - Whether it 1s "just and equitable" for franchisor not
to renew franchise.
Trade Practices Act 1974 s.52.
Petroleum Retail Marketing Franchise Act 1980 ss.3, 16, 17, 17A.
NSW G.230 of 1987 SID MARZ SERVICES PTY LIMITED v CALTEX OIL (AUSTRALIA) PTY
LIMITED NSW G.476 of 1987
CALTEX OIL (AUSTRALIA) PTY LIMITED v SID MARZ SERVICES PTY
LIMITED 7~y ye Py Wilcox J a ay aN Sydney pe a 11 December 1987 iP) - 7
twee 4 . ' ry
rr?
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.230 of 1987 ) )
GENERAL DIVISION
BETWEEN: SID MARZ SERVICES PTY LIMITED
Applicant
AND: CALTEX OIL (AUSTRALIA) PTY LIMITED
Respondent
AND: CALTEX OIL (AUSTRALIA) PTY LIMITED
Cross-Claimant
AND: SID MARZ SERVICES PTY LIMITED
First Cross-Respondent PHAEON MARZOUK Second Cross-Respondent
SAEED GIRGIS ABDOU MARZOUK
Third Cross-Respondent CHRISTINE MARZOUK
Fourth Cross-Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 17 DECEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
Judgment be entered in favour of the applicant against the respondent in the sum of five thousand
six hundred and ninety-eight dollars and thirty-five cents ($5,698.35).
Judgment be entered in favour of the cross-claimant against the first, second, third and fourth cross-respondents in the sum of ninety-nine thousand nine hundred and eighty dollars and nineteen cents
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