Federal Court of Australia
CATCHWORDS Trade Practices - secondary boycotts - interlocutory injgunction whether State union properly joined as a party - whether State union a person within the meaning of s. 45D - whether respondents acting in concert with each other - whether conduct hindered or prevented supply of bulk fuel to applicant - whether conduct engaged in for the purpose of causing substantial loss or damaz to the business of the applicant - whether dominant purpose related to conditions of employment - whether conduct likely to have the effect of causing substantial loss or damage - meaning of "likely" - establishment of
prima facie case - balance of convenience,
Trade Practices Act 1974 (Cth.) ss. 45D, 80
LEON LAIDELY PTY. LIMITED v. THE TRANSPORT WORKERS UNION OF AUSTRALIA & ORS.
NO. G. 17 of 1980
LOCKHART J.
SYDNEY
4 MARCH 1980
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G 17 of 1980 GENERAL DIVISION IN THE MATTER of the Trade Practices Act, 1974
LEON LAIDELY PTY. LTD.
Applicant AND: THE TRANSPORT WORKERS UNION OF AUSTRALIA AND:
THE TRANSPORT WORKERS UNION OF AUSTRALIA, NEW_SOUTH WALES BRANCH
AND: JOHN BARRY McLEAN AND:
PETER _OSBORNE
AND:
RAYMOND HUTCHINSON
AND:
RONALD GANNON
AND: R. PRITCHARD (a male) Respondents ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 4 MARCH 1980
UPON the applicant by its counsel undertaking to the court to
pay to any party adversely affected by the interlocutory injunctions such compensation (if any ) as the court thinks just, in such manner as the court directs:-
THE COURT ORDERS THAT:
1, The respondent Transport Workers Union of Australia,
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New South Wales Branch, its servants and agents, and the respondents, John Barry McLean, Peter Osborne, Raymond Hutchinson and Ronald Gannon be restrained until the determination of the proceeding or further order from engaging in conduct, in concert with any person, that hinders or prevents the supply of petroleum products ancluding bulk fuel by Amoco Australia Limited to the applicant where such conduct is engaged in for the purpose and would have or be likely to have the effect of causing substantial loss or damage to the business of the applicant of a purchaser and distributor of
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