Chenoa Pty Ltd v. Shell Company of Australia Ltd [1988] FCA 77

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LAWNLLED Dip'ttxlBULLON ONLY; NOT CONSIDERED SUITABLLI FOR REPORTING.

YUDGMENT No. 7.7.7 OS.

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CATCHWORDS Franchise agreement for distribution of petroleum products - notice of termination by "prescribed corporation" - whether agreement excluded from Operation of Petroleum Retail Marketing Franchise Act 1980 by operation of s.6(1D) thereof - matters affecting compliance or substantial compliance with requirement that statement be lodged under s.1l Petroleum Retail Marketing Sites Act 1980 - relationship between Acts

implementing legislative scheme and effect of amendments' to

those Acts.

Words and Phrases - "franchise agreement" - "prescribed corporation" - "related body corporate" - statement "in the appropriate form" - "diesel fuel site" ~ "without prejudice".

Petroleum Retail Marketing Franchise Act 1980 (Cth) ss. 3,

6(1D).

Petroleum Retail Marketing Sites Act 1980 (Cth) ss. 3, 7, 1l.

No. VG 273 of 1985

CHENOA PTY. LTD. v. THE SHELL COMPANY OF AUSTRALIA LIMITED

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Ryan J. 10 MARCH 1988

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MELBOURNE CGSAlae pos

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 273 of 1985

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GENERAL DIVISION

Between: CHENOA PTY LIMITED (Applicant)

And: THE SHELL COMPANY OF AUSTRALIA LIMITED

(Respondent )

Coram: Ryan J.

Date: 10 March 1988

Place: Melbourne

REASONS FOR JUDGMENT

Early in 1980 the applicant ("Chenoa") went into occupation of premises at 542 Footscray Road, West Melbourne, of which the respondent ("Shell") was the lessee pursuant to

a lease dated 30 October 1979 from Melbourne Wholesale Fruit and Vegetable Market Trust. It appears that Mr J.A. Healy, who has at all material times been the principal executive officer of Chenoa, was the successful applicant sought by the following newspaper advertisement which had been inserted by

Shell:-