BRITISH DOMINIONS OILS PROPRIETARY LIMITED V. AMPOL PETROLEUM LIMITED

Yo IN THE HIGH COURT OF AUSTRALIA. »:

BRITISH DOMINIONS een LIMITED.

AMPOL PETROLEUM LIMITED.

REASONS FOR JUDGMENT

ai i j ' ! i t | Judgment delivered at . _ © HL Dew, Gor, Print, Mab. 7 on_Shursday, 4th May, 1950. 0.19980/48. nas Ee

et

oe

JUDGMENT

BRITISH DOMINIONS OILS P

v.

AMPOL PETROLEUM LTD.

WILLIAMS J.

BRITISH DOMINIONS OILS PTY. LTD.

ve AMPOL PETROLEUM LTD.

JUDGNENT WILLIAMS J.

This action started in the Supreme Court of Victoria but at the hearing in that Court before MacFarlan J, it appeared to His Honour that there arose a question as to the limits inter se of the constitutional powers of the Commonwealth and the States, and that the action was by force of sec. 40A of the Judiciary Act 1903-48 removed to this Court and His Honour therefore proceeded no further in the action. When the action came on for. hearing before me, I thought it wise, at the request of 'the parties, to make en order under sec. 4O of that Act removing the action into this Courte

The action is one brought to recover damages for certain alleged breaches of an agreement under seal made between the parties om 2nd September 1946, whereby the defendant agreed to supply the plaintiff for a period of seven years with its entire requirements of motor spirit and power and lighting kerosene for sale and distribution by the plaintiff in the State of Victoria. At the | date of the agreement the defendant was a party to the Pool Agreement, which is the agreement referred to in the schedule to the National Security (Petroleum Products Distribution) Regulations, and the

agreement provides that the period of seven years shall commence

from the date of the termination of this agreemente During this period the plaintiff agreed to take from the defendant in each ealendar year the whole of its requirements of motor spirit being not less than 1,200,000 imperial gallons of motor spirit in fairly equal monthly quantities during each year and the plaintiff also