D.G. Whelan Rentals Pty Ltd & Anor v Australia Building Construction Employees & Builders Labourers Federation & Ors [1983] FCA 25

CATCHWORDS Trade Practices - secondary boycott - interlocutory proceedings - whether interlocutory orders should be limited

to restraining conduct engaged in for the purpose of causing

substantial loss or damage.

D.G. WHELAN RENTALS PTY. LTD., WRECKAIR PTY. LTD. and

KWEKDORM INDUSTRITS LIMITED v AUSTRALIAN BUILDING

JOHN CUMMINS, BARRY JOHN KENT, MARTIN GREANY, ROBERT HARRY

DALTON

Trade Practices Act - ss. 45D and 80

a Federal Court Act - s. 23 CORAM : KEDLY J. DATE +: 25 FEBRUARY, 1983 PLACE : MELBOURNE

JUDGMENT No. AQ./..33.2

IN THE FODERAL COURT OF AUSTPALIA

VICTORTA DISTRICT REGISTRY VG NO. 7 OF 1983

wesw wa

GENERAL DIVISTON

BETWEEN

D.G. WHELAN RENTALS PTY. LTD., WRECKAIR PTY. LTD., and KWIKFORM INDUSTRIES LIMLTED ~

Applicants

AND : AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES ' AND BUILDERS LABOURERS ' FEDERATION, JOHN CUMMINS, BARRY JOHN KENT, MARTIN

GREANY, ROBGRT HARRY DALTON

Respondents

JUDGE : KEELY J. DATE OF ORDER : 25 FEBRUARY, 1983

WHERE MADE : MELBOURNE

THE COURT ORDERS :

1. Upon the applicants undertaking to the Court to pay any party adversely affected by this order such compensation (if any) as the Court thinks just, in such manner as the

Court directs, that :-

The firstnamed, secondnamed, thirdnamed and fourthnamed respondents and each of them be

restrained pending the determination of this matter

Pe ea ere snr ce on ne

N

or until further order from engaging in conduct in

concert with each other or any of them or with

other persons :-

(a) to hinder or prevent the hiring of equipment by the applicants or any of them to any persons, companies or firms oc the taking on hirre of equipment from the applicants or any of them by any persons, companies or firms, being conduct engaged in for the purpose, or having or being likely to have the effect, of causing substantial loss or damage to the businesses of the applicants or any of them or a substantial Jessening of competition in the market for the hire of equipment of a kind in the hire of which the applicants or any of them are engaged, except where such conduct is within the descriptions contained in s.45D(3) of the Trade Practices Act 1974;