B.H.C. Nominees (No 49) Pty Ltd v Total Aust Ltd & Anor [1982] FCA 178

Federal Court of Australia|1982-08-10|Before: Pitzgerald J, Fitzgerald J

ADMINISTRATIVE LAW ~- Petroleum Retail Marketing Franchises ~ Application for interlocutory injunction no franchise agreement - franchisee in breach of

Petroleum Retail Marketing Franchise Act 1980 sub-ss. 10(4) (a); 21(2) and (4).

B.H.C. NOMINEES (NO. 49) PTY LIMITED v. TOTAL AUSTRALIA LIMITED and CENTENARY INVESTMENTS PTY LIMITED v. TOTAL AUSTRALIA LIMITED

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) G86 of 1982 GENERAL DIVISION )

Applicant AND: TOTAL AUSTRALIA LIMITED Respondent ORDER

'IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY G85 of 1982 GENERAL DIVISION } G86 of 1982

Applicant AND: TOTAL AUSTRALIA LIMITED Respondent BETWEEN: CENTENARY INVESTMENTS PTY LIMITED Applicant aiieedind AND: TOTAL AUSTRALIA LIMITED Respondent FITZGERALD J. 10 AUGUST 1982

In respect of applications G85 and G86 of 1982 by B.H.C. Nominees (No. 49) Pty Limited and Centenary Investments Pty Ltd., on the applicant's own evidence as it stands for present purposes, I am satisfied

Petroleum Retail Marketing Franchise Act 1980 applies.

in connection with s.10 sub~-s. 4(a) of that Act. But,

ne 2. were I of the opinion that there are franchise agreements, I would find a persistent failure or refusal to make payment with respect to motor

I would also, in the exercise of my discretion under sub-ss. (2) and (4) of s.21 of the Act, in any event decline to order supply by the respondent to either applicant except on the basis which has been offered by the respondent, which would ensure payments to the respondent which is already a large creditor.

"""Tl note that an undertaking as to damages by either applicant would be worthless if it were later found

The application for interlocutory relief is dismissed in each case, and in each case the applicant must pay the costs, including any

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (14 paragraphs)