Federal Court of Australia
\AI.
CATCHWORDS
Trade Practices - Secomary boycott - conduct of participant members of "organization of employees" deemed condict of organization - whether "organization of employees" registered under Industrial Arbitration Act (N.S.W.) 1940 a "body corporate" within the meaning of s.45D(6) of Trade Practices Act 1974 (Commonwealth) - Interrogatories directed to participant members - Ambit of right to refuse to answer interrogatories on the ground of ancrimination or of exposing such members to risk of pevcunlary
penalty - oppressive interrogatories.
Trade Practices Act 1974, sub-ss.45D(1),(5), (6)(b), 6(c)(1) to (v),
s.76, 8.77, s.78, s.80 and s.82. Federal Court Rules 0.16 r.1, 2 andb
NAVAIR PTY. LIMITED -v- THE TRANSPORT WORKERS UNTON OF AUSTRALIA THE TRANSPORT WORKERS UNION OF AUSTRALIA NEW SOUTIT WALES DGRANCH JOHN BARRY MCLEAN and DAVID ARTHUR MCNALLY
No.G 61 of 1980 No.G 70 of 1980
Coram: EVATT J. Sydney
23 January 1981
THE FEDERAL COURT OF AUSTRALIA )
GENFRAL DIVISION No G 61 of 1980 No G 70 of 1980 NEW SOUTH WALES DISTRICT
REGISTRY
ww
IN THR MATTER OF THE TRADE PRACTICES ACT 1974
BETWEEN: NAVAIR PTY LIMITED Applicant
AND
ve
THE TRANSPORT WORKERS UNION OF AUSTRALTA THE TRANSPORT WORKERS UNION OF AUSTRALIA NEW SOUT! WALES BRANCH
JOHN BARRY MCLEAN
DAVID ARTHUR MCNALLY
Respondents
ORDER
JUDGE MAKING ORDER: EVATT J. DATE OF ORDER: 23 JANUARY 1981
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The Notice of Mction herein dated 3 December 1980 be dismissed with costs.
Date Entered:
DISTRICT REGISTRAR
sought damages against the five respondents pursuant to s.82
of the Act.
It us common ground that the first respondent is an organization of employees registered under the Conciliation and Arbitration Act 1904; that the second respondent 1s an undustrial union registered under the provisions of the New South Wales Industrial Arbitration Act 1940; that the third respondent 1S a member of and an organizer employed by the second respondent and that the fourth respondent is also a member of the second respondent who was in July 1980 an employee of Mobil O11 Australia Limited (Mobil ©11) a company
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