Minister for Sustainability, Environment, Water, Population and Communities v Go Joe's Petroleum Pty Ltd [2011] FCA 880

FEDERAL COURT OF AUSTRALIA

Minister for Sustainability, Environment, Water, Population and Communities v Go Joe's Petroleum Pty Ltd [2011] FCA 880 Citation: Minister for Sustainability, Environment, Water, Population and Communities v Go Joe's Petroleum Pty Ltd [2011] FCA 880

Parties: MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES v GO JOE'S PETROLEUM PTY LTD (ACN 131 841 300)

File number: NSD 1307 of 2011

Judge: FLICK J

Date of judgment: 3 August 2011

Catchwords: ENVIRONMENT LAW – Fuel Quality Standards Act 2000 (Cth) s 65 – supply or sale of diesel fuel – minimum flash point – risk to public safety – interim injunction granted

Legislation: Fuel Quality Standards Act 2000 (Cth) s 65(1), 65(5) Fuel Standard (Automotive Diesel) Determination 2001

Date of hearing: 3 August 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: Mr J D Smith

Solicitor for the Applicant: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NSW DISTRICT REGISTRY GENERAL DIVISION NSD 1307 of 2011

BETWEEN: MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

Applicant

AND: GO JOE'S PETROLEUM PTY LTD (ACN 131 841 300)

Respondent

JUDGE: FLICK J DATE OF ORDER: 3 AUGUST 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Applicant is granted leave to file in Court the Application and the affidavits of John Stewart Edwards, Somone Bull and Angela Margaret Nanson each made on 3 August 2011. 2. The Application is returnable instanter. 3. Pursuant to s 65 of the Fuel Quality Standards Act 2000 (Cth), the Respondent be restrained until further order from supplying or selling by itself, its servants or agents diesel having a flash point of less than 61.5ºC. 4. Service of these orders be effected by noon on Thursday 4 August 2011 by: a) delivering a sealed copy at the premises known as "Go Joe's Petroleum" to 101 Hector Street, corner of Waldron Road, Sefton, NSW 2162. b) delivering a sealed copy to the registered office of the Respondent at 101 Hector Street, Sefton, NSW 2162. 5. The proceeding is stood over to Friday 5 August 2011 at 9:30am for further directions. 6. The parties have liberty to apply on 24 hours' notice in writing. 7. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. The text of entered orders can be located using Federal Law Search on the Court's website.