Perth’s cheapest petrol chain suing landlords in Supreme Court over eviction notices
Perth’s cheapest petrol station chain is suing landlords, claiming they are trying to shut down business from five sites in the state.
Burk Fuel has filed a lawsuit in the WA Supreme Court against five corporate entities that leased sites to the cheap fuel carrier, alleging that the landlord once raided one of its gas stations in Arthur River in May and terminated the lease.
Burk Fuel registered as a business in 2021 and has slowly expanded across the state, often outperforming its closest competitors by 15 to 30 cents per gallon.
The company alleged that one of the landlords “failed to correct structural damage to the building in accordance with the Arthur River site’s lease… and terminated the Arthur River site’s lease without notice.”
The article went on to claim that Burk was also the lessor of four other sites across WA, including Williams, Carabbin, Camillo and Beaufort River, all of which were leased by different corporate entities from the same address in Melbourne.
The article claimed that about two months after the landlord took back the land in Arthur River, there was a knock on the door for four other leases, including Williams, Carrabin, Camillo and Beaufort River.
Burk Fuel was given a notice to cancel and terminate their lease.
In the writ filed in the Supreme Court this week, Burk claimed that the evictions constituted a breach of all four separate leases and sought damages for the loss and termination of the leases.
“[The plaintiff claims] special damages, including loss of business, loss of profits, loss of goodwill, relocation costs and other damages suffered by the plaintiff [the defendants]” said the article.
At this stage Burk remains in four areas but has closed the area at Arthur River. In the post, Burk said he plans to fight evictions at the four remaining barns.
The five sites make up around a third of Burk’s total outlets in WA and Victoria.
The Supreme Court case is not the first in which an oil company has entered into contracts with its suppliers and stakeholders through the legal system.
Just three years after Burk, run by brothers Umar Farooq and Haris Farooq, started operations at its first facility in Alkimos, it was taken to the Supreme Court alleging breach of contract by a fuel transport company.
Paramount Haulage sued the Farooqs after entering into a 10-year exclusive fuel transportation agreement with the company, meaning all fuel transportation had to be done by Paramount Haulage trucks. The agreement was scheduled to begin in May 2022 and run until May 2032.
However, Paramount Haulage claimed that Burk soon decided to terminate the agreement and begin fueling his own trucks.
In his defense, Burk claimed that Paramount told them they were prepared for price increases and that the company either agreed to increase its operating cost or accepted that Paramount might have to sell its trucks and get out of the fuel transportation business altogether.
The matter was eventually settled out of court.
Burk Fuel’s gasoline quality is also currently under investigation by Consumer Protection. after Business News emerging examples Footage taken from the bowsers of four Burk fuel stations in September 2025 allegedly shows Burk selling Premium 95 fuel consistent with 91.
The investigation is expected to release its findings in September.
