Federal Court of Australia
jupement flo. AOU SBcx
CATCHWORDS
Petroleum marketing - applicants retail sellers of petrol - first applicant lessee of four service stations owned by petrol company - second applicant owner of fifth service station - service stations supplied with petrol by petrol company pursuant to volume allowance agreements - whether applicants franchisees for
purposes of Petroleum Retail Marketing Franchise Act 1980 - in
addition to volume allowance rebate applicants claimed entitlement to additional pricing assistance ~- dispute as to the
terms upon which this payable - whether petrol company engaged in
misleading or deceptive conduct - questions of fact.
+ fy
Petroleum Retail Marketing Franchise Act 1980, ss. 3, 6, 7
Trade Practices Act 1974, s. 52
No. NG72 of 1987
EM-ES PETROLEUM PTY. LIMITED and J. NADER v. BP AUSTRALIA LIMITED
Sheppard J. Sydney 15 August 1988
a
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG72 of 1987 ) )
GENERAL DIVISION
BETWEEN:
EM-ES PETROLEUM PTY. LIMITED
and J. NADER
Applicants AND
BP AUSTRALIA LIMITED
Respondent
CORAM: Sheppard J.
DATE
18 August 1988
PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:—
1. The claim for the declaration sought in paragraph 1 of the application be dismissed.
2. The application be otherwise stood over generally with liberty to any party to restore to the list on three days' notice.
3. The applicants pay the respondent's costs of the proceedings
to date.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G72 of 1987 ) )
GENERAL DIVISION
BETWEEN:
EM-ES PETROLEUM PTY. LIMITED
and J. NADER
Applicants AND
BP AUSTRALIA LIMITED
Respondent
CORAM: SHEPPARD J.
ob
DATE : 15 August 1988 REASONS FOR JUDGMENT
HIS HONOUR: This application is concerned with the dealings of the parties in which the respondent ("BP") supplied motor spirit to the applicants ("EM-ES" and Mr. Nader). The applicants make three substantial claims. The first is for a declaration that they are franchisees of BP within the meaning of the Petroleum
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