Mobil Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 42

ON 30 AUGUST 2006, the High Court of Australia delivered Mobil Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 42; (2006) 229 ALR 51 (30 August 2006)

The High Court ruled that one petrol retailer could not commence  proceedings to recover invalid petroleum licensing fees on the basis that other retailers would join the proceedings later.

For the same reasons as those expressed in Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41; (2006) 229 ALR 58; (2006) 80 ALJR 1441 (30 August 2006), the High Court held that an agreement with a non-party to fund the costs of a party’s legal proceedings in return for reward (ie litigation funding) was not in itself an abuse of process or contrary to public policy.

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