D.I. & M.C. Settree Pty Ltd v Caltex Properties Ltd [1988] FCA 406

Lad y

JUDG. TT es. AOO/ €E_

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. G532 of 1986

) GENERAL DIVISION )

BETWEEN: D.I. & M.C. SETTREE PTY. LIMITED Applicant AND: CALTEX PROPERTIES LIMITED Respondent

CORAM: M. L. FOSTER, J. DATE: 14 JULY, 1988.

PLACE: SYDNEY.

REASONS FOR JUDGMENT

(EXTEMPORE)

HIS HONOUR: The applicant company conducts a service station business with an associated restaurant business in Cobar, New South Wales. The business is called "the Golden Fleece Service Station, Cobar". The service station premises, :ncluding the restaurant, together with a residential cottage in *hich the

directors of the Company, Mr. and Mrs. Settree and their family

2. reside are leased from the respondent under a lease agreement dated 22 September, 1982, which provides for rental and contains a large number of other provisions. It 1s annexure C to the

Affidavit of Ian Settree of 6 Narch, 1987.

The lease expired according to its terms on 31 August, 1985. Since that time the premises have been occupied by the applicant, apparently under a holding~-over clause. The business has been carried on by the applicant in a situation where there was a dispute as to the proper rental to be paid for the leased

premises.

The applicant brings these proceedings pursuant to s.

1980 ("the Act"). The proceedings also include a claim under s. 9 of the Act. This claim has been abandoned. The applicant now seeks the following orders in its application; namely:-

"(1) A declaration that the agreement entered into between the applicant and the respondent on 22 September, 1982 18 a Franchise Agreement within the terms of the Petroleum Retail Marketing and Franchise Act, 1980;

(2) An order that pursuant to s. 17A(7) of the Petroleum Retail Marketing Franchise Act, 1980 that the respondent be directed to renew the Franchise Agreement with the applicant;