Facts

• The defendant leased a petrol station from the Plaintiff
• Part of the agreement was that they would not buy petrol from anyone else during the lease
• The duration of the lease was 15 years
• The defendant began dealing with another company
• The Plaintiff sought an injunction to stop them from buying petrol from the other company.

Issue

• Was the “exclusive dealing” clause enforceable?

Held

• The Court refused to enforce the injunction.
• The Court stated that the ‘exclusive dealing’ was unreasonable, because it was more than actually necessary to protect the legitimate commercial interest of the Plaintiff.
• The 15 year term was of particular relevance.

Quote

• “There is nothing whatsoever to show that a tie for 15 years was necessary to ensure for Amoco the stable outlet and economic distribution at which it was entitled to aim.” (Gibbs CJ, 321)

Full text

• Available at https://jade.io/article/66426

-- Download Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288 as PDF --

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