Fisher (Five Mile) Pty Ltd v Total Australia Ltd & Anor [1982] FCA 69

Fisher (Five Mile) Pty Ltd v Total Australia Ltd & Anor [1982] FCA 69

The applicant cannot bring the kiosk lease within the definition of franchise agreement under the Petroleum Retail Marketing Franchise Act 1980 as it does not authorize use of the premises in connection with retail sale of motor fuel and prohibits installation of fuel-related equipment. Thus, no prima facie case is made for interlocutory relief.

Parties
Applicant: Fisher (Five Mile) Pty. Limited; First Respondent: Total Australia Limited; Second Respondent: Council of the Shire of Gundagai
Jurisdiction
Australia
Judgment Date
28 April 1982
Procedural Posture
Interlocutory Application / Decision on Application for Interlocutory Relief
Outcome
application dismissed
Legal Topics
Franchise Agreement Determination, Petroleum Retail Marketing, Lease Agreements, Interlocutory Relief
Commercial Law Franchise Agreement Determination Petroleum Retail Marketing Lease Agreements Interlocutory Relief

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Parties

Fisher (Five Mile) Pty. Limited

Applicant

Total Australia Limited

First Respondent

Council of the Shire of Gundagai

Second Respondent

Procedural Posture

Interlocutory Application / Decision on Application for Interlocutory Relief

Legal Issues

  1. 1 Whether the lease of the cafe/picnic site is a franchise agreement within the Petroleum Retail Marketing Franchise Act 1980
  2. 2 Whether the applicant is entitled to interlocutory relief restraining eviction from lot A

Ratio Decidendi

The applicant cannot bring the kiosk lease within the definition of franchise agreement under the Petroleum Retail Marketing Franchise Act 1980 as it does not authorize use of the premises in connection with retail sale of motor fuel and prohibits installation of fuel-related equipment. Thus, no prima facie case is made for interlocutory relief.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant pay the respondents' costs of the application.