Federal Court of Australia
=
JUDGMENT No. 2367 RS,
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.
Words and Phrases - "a particular corporation".
Petroleum Retail Marketing Franchise Act, 1980 (Cth.)
Petroleum Retail Marketing Sites Act, 1980 (Cth.)
Petroleum Retail Marketing Franchise Amendment Act, 1984 (Cth.),
S.6(1D)
Petroleum Retail Marketing Sites Amendment Act, 1984(Cth.)
CHENOA PTY. LIMITED v. THE SHELL COMPANY OF AUSTRALIA LIMITED
VG121 of 1988
VG138 of 1988
Sweeney, Northrop and Wilcox JJ. Melbourne
11 July 1988
IN THE FEDERAL COURT OF AUSTRALIA
No. VG 121 of 1988 VG 138 of 1988
VICTORIA DISTRICT REGISTRY
we SS
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CHENOA PTY. LIMITED Appellant AND : THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent
THE COURT: Sweeney, Northrop and Wilcox Jd.
PLACE Melbourne
DATE
11 July 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders made by Ryan J. be set aside and in lieu thereof it be ordered that: (a) It be declared that the provisions of the Petroleum
Retail Marketing Franchise Act 1980 apply to the
agreement between the parties made on 11 September
1981;
(b) The cross-claim be dismissed; and
In
(c) The respondent pay to the applicant its costs both of the application and of the cross-clain. 3. The respondent pay to the appellant its costs of the
appeal.
Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
No. VG 121 of 1988 VG 138 of 1988
VICTORIA DISTRICT REGISTRY
ee
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CHENOA PTY. LIMITED Appellant
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