Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hinterland Marine Pty Ltd v Maritime Global Pty Ltd [2010] FCA 683 Citation: Hinterland Marine Pty Ltd v Maritime Global Pty Ltd [2010] FCA 683
Parties: HINTERLAND MARINE PTY LTD ACN 104 843 521 v MARITIME GLOBAL PTY LTD ACN 096 777 230 and JOHN HABER
File number: QUD 155 of 2010
Judge: LOGAN J
Date of judgment: 30 June 2010
Catchwords: TRADE PRACTICES – Franchise Agreements – Agreement in respect of dealership pursuant to which marine craft designed to use but not fitted with a motor are supplied to dealer – Whether a motor vehicle dealership agreement and hence a franchise agreement for the purposes of the Franchising Code of Conduct (Cth) in the Schedule to the Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) made pursuant to the Trade Practices Act 1974 (Cth) – Meaning of "motor vehicle" in Franchising Code of Conduct (Cth), s 3 Held: Marine craft supplied were "motor vehicles" as defined and dealership agreement was to be taken to be a franchise agreement for the purposes of the Franchising Code of Conduct (Cth)
Legislation: Acts Interpretation Act 1901 (Cth) s 15AD Quarantine Act 1908 (Cth) s 5 Trade Practices Act 1974 (Cth) Trade Practices (Industry Codes – Franchising Amendment Regulations 1999 (No 1) (Cth) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) Federal Court Rules O 29 r 2 Franchising Code of Conduct (Cth) ss 3, 4
Cases cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Pearce and Geddes, Statutory Interpretation in Australia (5th ed, Butterworths, 2001)
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