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Perth’s cheapest petrol station chain is suing its landlords, alleging they tried to kick the business out of five sites around the state.
Burk Fuel has lodged a writ in WA’s Supreme Court against five corporate entities who leased sites to the cheap fuel carrier, alleging in one instance the landlord swooped into one of its petrol stations in Arthur River in May and terminated its lease.
Burk Fuel was registered as a business in 2021 and has slowly expanded across the state, often undercutting its nearest competitors by anywhere between 15 and 30 cents on the litre.
The company alleged one of the landlords “failed in accordance with the lease for the Arthur River site to rectify structural damage to the building … and without notice entered possession of and thereby terminated the lease for the Arthur River site”.
The writ went on to claim Burk was a lessor another four sites across WA, including in Williams, Carabbin, Camillo and Beaufort River, all leased by different corporate entities based out of the same address in Melbourne.
About two months after the landlord took back the Arthur River site, the writ claimed, it also came knocking for four of its other leases – including in Williams, Carrabin, Camillo and Beaufort River.
Burk Fuel was handed a notice to forfeit and terminate the leases.
In the writ, published in the Supreme Court this week, Burk alleged the evictions represented a breach of all four separate leases, and called for damages over the forfeiture and termination of the leases.
“[The plaintiff claims] special damages, including loss of business, loss of profits, loss of goodwill, relocation costs and other losses suffered by the plaintiff because of the conduct of [the defendants],” the writ said.
At this stage, Burk remains at the four sites, but has closed the site at Arthur River. In the writ, Burk said it intended to fight the evictions at the remaining four sties.
The five sites make up about one third of Burk’s total outlets across WA and in Victoria.
The Supreme Court action is not the first time the petrol company fought out contracts with its suppliers and stakeholders via the legal system.
Just three years after Burk, operated by brothers Umar Farooq and Haris Farooq, began at its first site in Alkimos, it was hauled before the Supreme Court by a fuel transportation company for an alleged breach of contract.
Paramount Haulage sued the Farooqs after they made a 10-year exclusive fuel transportation agreement with the company, meaning all fuel transport had to be done by Paramount Haulage trucks. The deal was due to start in May 2022, and run until May 2032.
However, Paramount Haulage alleged Burk soon decided to end the agreement and begin running fuel with their own trucks.
In its defence, Burk alleged Paramount had told them they were set for price increases, and either the company agreed to an increase operating cost, or accept Paramount may need to sell its trucks and exit the fuel transportation business altogether.
The matter was eventually settled out of court.
Burk Fuel’s petrol quality is also currently under investigation by Consumer Protection, after Business News revealed samples taken from the bowsers of four Burk fuel stations in September 2025 alleged Burk was selling Premium 95 fuel that was consistent with 91.
The investigation is due to hand down its findings in September.
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