Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AA Shi Pty Ltd v Avbar Pty Ltd (No 2) [2010] FCA 427 Citation: AA Shi Pty Ltd v Avbar Pty Ltd (No 2) [2010] FCA 427
Parties: AA SHI PTY LTD (ACN 100 459 667) v AVBAR PTY LTD (ACN 100 433 752) and NIR INVESTMENTS PTY LTD (ACN 100 276 015)
File number: QUD 121 of 2010
Judge: COLLIER J
Date of judgment: 6 May 2010
Catchwords: INJUNCTIONS – oral fuel-selling agreements between respondent lessees of fuel service stations and applicant licensee – application of Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) – alleged breach of agreements by applicant – purported termination of agreements by respondents – application for interlocutory injunction by applicant restraining respondents from acting upon notices of termination – whether existing interim injunction should be dissolved – obligations pursuant to fuel re-selling agreements – principles relevant to grant of interlocutory relief – Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – whether serious question to be tried – whether respondents were entitled to terminate the agreements without notice – consideration of s 35 and s 36 Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) – relevance of principles in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115 – whether applicant failed to bank fuel moneys – whether the applicant failed to report competitors' prices – balance of convenience – value of undertakings as to damages
Legislation: Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) ss 2, 4, 5, 35, 36, 44 Trade Practices (Industry Codes – Franchising) Sections 1998 (Cth) ss 21, 23
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