Bayata Pty Ltd & Anor v Ampol Ltd [1982] FCA 301

Bayata Pty Ltd & Anor v Ampol Ltd [1982] FCA 301

Given that the proposed assignee (Limporta Pty. Limited) does not have prescribed experience and is neither a member of the franchisee's immediate family nor a company controlled by the franchisee, s.11(4) applies and the franchisor's consent is deemed to be reasonably withheld. The statutory and contractual requirements thus defeat the applicants' claim for assignment.

Parties
First Applicant: Bayata Pty. Limited; Second Applicant: Limporta Pty. Limited; Respondent: Ampol Limited
Jurisdiction
Australia
Judgment Date
20 December 1982
Procedural Posture
Application / Judgment
Outcome
Application dismissed
Legal Topics
Franchise Agreement Assignment, Withholding of Consent, Petroleum Retail Marketing Franchise Act
Trade Franchise Law Franchise Agreement Assignment Withholding of Consent Petroleum Retail Marketing Franchise Act

Case Brief

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Parties

Bayata Pty. Limited

First Applicant

Limporta Pty. Limited

Second Applicant

Ampol Limited

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether consent for assignment of a franchise agreement was unreasonably withheld under s.11 of the Petroleum Retail Marketing Franchise Act 1980
  2. 2 Whether statutory requirements and common law grounds affect the validity of withholding consent to assignment

Ratio Decidendi

Given that the proposed assignee (Limporta Pty. Limited) does not have prescribed experience and is neither a member of the franchisee's immediate family nor a company controlled by the franchisee, s.11(4) applies and the franchisor's consent is deemed to be reasonably withheld. The statutory and contractual requirements thus defeat the applicants' claim for assignment.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicants to pay the respondent's costs.