The High Court struck out proceedings between fuel supplier Petrogas Group Limited and Apple Red Service Station Limited after finding that the service station company had suppressed a deed renouncing a potential right to a new tenancy. The court found the suppression amounted to deceit and that the defendant’s conduct of the litigation was vexatious. It did not decide the underlying competition law dispute.
High Court strikes out fuel supplier’s proceedings after finding station operator suppressed lease renunciation
The court found the defendant had acted deceitfully and vexatiously over a document affecting its tenure, but struck out the entire proceedings rather than only its defence and counterclaim.
Who, what, where, when and why
- Who
- Petrogas Group Limited (Plaintiff)
- Apple Red Service Station Limited (Defendant)
- What
The court found the defendant had acted deceitfully and vexatiously over a document affecting its tenure, but struck out the entire proceedings rather than only its defence and counterclaim.
- Where
No place detail is included in this summary.
- When
Judgment:
- Why
Reasons reported in the judgment
The High Court struck out proceedings between fuel supplier Petrogas Group Limited and Apple Red Service Station Limited after finding that the service station company had suppressed a deed renouncing a potential right to a new tenancy. The court found the suppression amounted to deceit and that the defendant’s conduct of the litigation was vexatious. It did not decide the underlying competition law dispute.
Read the original court judgment
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