FEDERAL COURT OF AUSTRALIA
Ringrow Pty Ltd v BP Australia Pty Ltd [2003] FCA 1466
Federal Court Rules Order 62 r 4(1), r 4(2)(d), r 5(b), r 8, r 12, r 19, r 22, r 39
Federal Court of Australia Act 1976 (Cth) s 43
Supreme Court Act 1970 (NSW) s 76, Part 52A r 2, r 6, r 32
Public Sector Management Act 1988 (NSW) Part 2Legal Profession Act 1987 (NSW) s 202, 208F, 208G 208J, 208KA, 208L, 208M, Division 6 Part II, Division 6 Part II Subdivision 4A, 4B
RINGROW PTY LTD v BP AUSTRALIA PTY LTD
N 278 OF 2003ULTIMATE FUEL PTY LTD v BP AUSTRALIA PTY LTD
N 279 OF 2003NADER-ONE PTY LTD v BP AUSTRALIA PTY LTD
N 280 OF 2003HELY J
15 DECEMBER 2003
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 278 OF 2003
BETWEEN:
RINGROW PTY LTD
APPLICANTAND:
BP AUSTRALIA PTY LTD
RESPONDENT
BETWEEN:
BP AUSTRALIA PTY LTD
CROSS-CLAIMANT
AND:
RINGROW PTY LIMITED
CROSS-RESPONDENT
JUDGE:
HELY J
DATE OF ORDER:
15 DECEMBER 2003
WHERE MADE:
SYDNEY
THE COURT DECLARES THAT:
1.The Cross-Claimant/Respondent’s Notice of Termination dated 2 December 2002 in respect of the BP Privately Owned Sites Agreement dated 28 July 1999 in relation to a BP branded service station at 115-119 Hume Highway, Lansvale, is valid and effective.
2.The Cross-Claimant/Respondent’s Notice of Termination dated 2 December 2002 in respect of the BP Privately Owned Sites Agreement dated 1 July 1999 in relation to a BP branded service station at 359-365 Elizabeth Drive, Mount Pritchard is valid and effective.
3.The BP Privately Owned Sites Agreement dated 28 July 1999 in relation to a BP branded service station at 115-119 Hume Highway, Lansvale was validly terminated by the Cross-Claimant/Respondent on 2 December 2002.
4.The BP Privately Owned Sites Agreement dated 1 July 1999 in relation to a BP branded service station at 359-365 Elizabeth Drive, Mount Pritchard was validly terminated by the Cross-Claimant/Respondent on 2 December 2002.
5.The option to purchase the land described as Folio Identifier 15/652782 and known as 115-119 Hume Highway, Lansvale was validly exercised by the Cross-Claimant/Respondent on 19 June 2003 pursuant to the Option Deed dated 28 July 1999.
6.The Cross-Claimant/Respondent is entitled to payment of liquidated damages in the amount of $84,256.00 pursuant to the BP Privately Owned Sites Agreement dated 1 July 1999 in relation to a BP branded service station at 359-365 Elizabeth Drive, Mount Pritchard; and
7.The Applicant/Cross-Respondent is liable to pay to the Cross-Claimant/Respondent the sum of $36,248.23 pursuant to clauses A14.2(f) and A16.9 of the BP Privately Owned Sites Agreement dated 28 July 1999 in relation to a BP branded service station at 115-119 Hume Highway, Lansvale and the BP Privately Owned Sites Agreement dated 1 July 1999 in relation to a BP branded service station at 359-365 Elizabeth Drive, Mount Pritchard.
THE COURT ORDERS THAT:
1.The Third Further Amended Statement of Claim is dismissed.
2.The parties are released from the undertakings…
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- Case
- [2003] FCA 1466
- Decision Date
CaseChat Overview and Summary
The court found that the Third Further Amended Statement of Claim was not permissible as it was filed after the court had already dismissed previous attempts to amend the claim. This was a procedural matter that led to the dismissal of the claim. Additionally, the court addressed the cross-claim, concluding that BP Australia Pty Ltd was entitled to liquidated damages, interest on those damages, and pre-proceedings costs and expenses. The court further determined that Ringrow Pty Ltd should bear the costs of the proceedings, including those incurred in the Supreme Court of New South Wales.
In light of these findings, the court ordered that the Third Further Amended Statement of Claim be dismissed, and the parties were released from their previous undertakings and agreements. Ringrow Pty Ltd was directed to pay BP Australia Pty Ltd liquidated damages, interest on those damages, pre-proceedings costs and expenses, and interest on the pre-proceedings costs. Finally, Ringrow Pty Ltd was ordered to pay BP Australia Pty Ltd’s costs of the proceedings, including reserved costs. The court granted the parties the liberty to apply for further orders on three days' notice.
Orders
Orders of the court
1. The Third Further Amended Statement of Claim is dismissed.
2. The parties are released from the undertakings given to the Supreme Court of New South Wales on 10 January 2003 and the agreements made on that day by the parties and noted by the Supreme Court of New South Wales are discharged.
3. The Applicant/Cross-Respondent pay to the Cross-Claimant/Respondent:
(a) the sum of $84,256.00 as liquidated damages;
(b) interest on the amount in paragraph 3(a) in the sum of $8,556.72;
(c) the sum of $36,248.23 for costs and expenses incurred by the Cross-Claimant/Respondent prior to the commencement of proceedings;
(d) interest on the amount in paragraph 3(c) in the sum of $3,493.23; and
(e) the Cross-Claimant/Respondent’s costs of the proceedings (including the costs of the proceedings whilst in the Supreme Court of New South Wales), including any reserved costs.
4. The parties have liberty to apply on three days notice.
Note:
1. The Third Further Amended Statement of Claim is dismissed.
2. The parties are released from the undertakings given to the Supreme Court of New South Wales on 10 January 2003 and the agreements made on that day by the parties and noted by the Supreme Court of New South Wales are discharged.
3. The Applicant/Cross-Respondent pay to the Cross-Claimant/Respondent:
(a) the sum of $36,248.23 for costs and expenses incurred by the Cross-Claimant/Respondent prior to the commencement of proceedings;
(b) interest on the amount in paragraph 3(a) in the sum of $3,493.23; and
(c) the Cross-Claimant/Respondent’s costs of the proceedings (including the costs of the proceedings whilst in the Supreme Court of New South Wales), including any reserved costs.
4, The parties have liberty to apply on three days notice.
1. The Third Further Amended Statement of Claim is dismissed.
2. The parties are released from the undertakings given to the Supreme Court of New South Wales on 10 January 2003 and the agreements made on that day by the parties and noted by the Supreme Court of New South Wales are discharged.
3. The Applicant/Cross-Respondent pay to the Cross-Claimant/Respondent:
(a) the sum of $36,248.23 for costs and expenses incurred by the Cross-Claimant/Respondent prior to the commencement of proceedings;
(b) interest on the amount in paragraph 3(a) in the sum of $3,493.23; and
(c) the Cross-Claimant/Respondent’s costs of the proceedings (including the costs of the proceedings whilst in the Supreme Court of New South Wales), including any reserved costs.
4. The parties have liberty to apply on three days notice.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HELY J
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