Hinterland Marine Pty Ltd v Maritime Global Pty Ltd [2010] FCA 683

Hinterland Marine Pty Ltd v Maritime Global Pty Ltd [2010] FCA 683

A boat designed and supplied with features for motor propulsion, even if not supplied with a motor, is a 'vehicle' designed to use non-human or non-animal power as its principal means of propulsion. Therefore, such marine craft fall within the definition of 'motor vehicle' in the Franchising Code, and the dealership agreement is deemed a franchise agreement for the purposes of the Code.

Parties
Applicant: Hinterland Marine Pty Ltd ACN 104 843 521; First Respondent: Maritime Global Pty Ltd ACN 096 777 230; Second Respondent: John Haber
Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Civil / Determination of Separate Question Before Trial
Outcome
Separate question answered in the affirmative; costs reserved.
Legal Topics
Franchising Code of Conduct, Interpretation of 'motor Vehicle' in Franchise Context, Dealership Agreements
Trade Practices Franchising Law Franchising Code of Conduct Interpretation of 'motor Vehicle' in Franchise Context Dealership Agreements

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Parties

Hinterland Marine Pty Ltd ACN 104 843 521

Applicant

Maritime Global Pty Ltd ACN 096 777 230

First Respondent

John Haber

Second Respondent

Procedural Posture

Civil / Determination of Separate Question Before Trial

Legal Issues

  1. 1 Whether the dealership agreement is a 'franchise agreement' under the Franchising Code of Conduct (Cth)
  2. 2 Whether marine craft designed to be fitted with motors fall within the definition of 'motor vehicle' in the Franchising Code

Ratio Decidendi

A boat designed and supplied with features for motor propulsion, even if not supplied with a motor, is a 'vehicle' designed to use non-human or non-animal power as its principal means of propulsion. Therefore, such marine craft fall within the definition of 'motor vehicle' in the Franchising Code, and the dealership agreement is deemed a franchise agreement for the purposes of the Code.

Court Disposition

Separate question answered in the affirmative; costs reserved.

Orders

  • The separate question – whether the contract referred to as 'dealership agreement' is a franchise agreement under the Franchising Code – is answered: Yes.
  • Costs of and incidental to the determination of the separate question are reserved.