Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AA Shi Pty Ltd v Avbar Pty Ltd (No 5) [2010] FCA 971
Citation: AA Shi Pty Ltd v Avbar Pty Ltd (No 5) [2010] FCA 971
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: 3 September 2010
Catchwords: PRACTICE & PROCEDURE – Cross-claim to substantive proceeding concerning breaches of contractual obligations – non-appearance of cross-respondent at trial – Order 32 rule 2(1)(d) enlivened – Court required to consider merits of cross-claim and make determination on balance of probabilities – Court entitled to assume correctness of matters upon which cross-claimant bear the onus
TRADE PRACTICES – whether licence arrangements met statutory definition of Fuel Re-selling Agreement in s 5 Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) – whether cross-claimants entitled to terminate relevant agreements – whether cross-respondent failed to pay relevant licence fees – whether cross-respondent improperly retained money from sale of fuel – whether breaches of relevant agreements were within the meaning of s 36(1) Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) – calculation of interest up to judgment
Legislation: Federal Court of Australia Act 1976 (Cth) s 51A Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) ss 5, 36(1) Federal Court Rules O 4 r 14(2), O 32 r 2
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