Rasomen Pty Ltd (T/As Shell Fairview Park) v Shell Company of Australia Ltd [1997] FCA 437

CATCHWORDS Practice and Procedure - whether party making submission should be put to election - functions of judge in ruling upon submission of no case to answer - whether judge took into account information which had not been admitted into evidence Petroleum Retail Marketing Franchise Act 1980 (Cth) Judiciary Act 1903 (Cth) Residues Treatment & Trading Co. Ltd v Southern Resources Ltd (1989) 52 SASR 54 Protean (Holdings) Ltd (Receivers and Managers Appointed) v American Home Assurance Co. [1985] VR 187 Treharne v Geo. McEwin & Son Pty Ltd (1982) 44 ALR 543 Trade Practices Commission v George Weston Foods Ltd (No.2) (1980) 43 FLR 55 Stevenson v Barham (1977) 136 CLR 190 Muller & Co. v Ebbw Vale Steel, Iron & Coal Co. Ltd [1936] 2 All ER 1363 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (1992) 111 ALR 377 Queensland v JL Holdings (1997) 71 ALJR 294 Sali v SPC Ltd (1993) 67 ALJR 841 House v R (1936) 55 CLR 499 Hocking v Bell (1945) 71 CLR 430 Dublin, Wicklow and Wexford Railway Co. v Slattery (1878) 3 App. Cas. 1155 Barker v Charley (1962) 62 SR (NSW) 296 Jones v Dunkel (1959) 101 CLR 298 News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 Matter No. SG 14 of 1997 RASOMEN PTY LTD (trading as SHELL FAIRVIEW PARK) v THE SHELL COMPANY OF AUSTRALIA LIMITED von Doussa, Drummond & Finn JJ Adelaide 27 May 1997

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY No. SG 14 of 1997 GENERAL DIVISION BETWEEN: RASOMEN PTY LTD (trading as SHELL FAIRVIEW PARK) Appellant AND: THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent MINUTES OF ORDER JUDGES MAKING ORDER : VON DOUSSA, DRUMMOND & FINN JJ WHERE MADE : ADELAIDE DATE ORDER MADE : 27 MAY 1997 THE COURT ORDERS THAT: That the appeal be dismissed with costs. Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.