Federal Court of Australia
CATCHWORDS
Industrial law - §.141 Conciliation & Arbitration Act,
1904 - Showmen's Guild - Ban on show - Resolution not in interests of members as a whole ~- Unreasonable.
Trade & Commerce - Restraint of trade - Whether unreasonable.
LENNON V. DAVENPORT & ORS.
No. NSW 5 of 1984
Beaumont, J. Sydney 26 October 1984.
IN THE FEDERAL COURT OF AUSTRALIA }
NEW SOUTH WALES DISTRICT REGISTRY INDUSTRIAL DIVISION ) No. NSW 5 of 1984
IN THE MATTER of the Conciliation and Arbitration Act, 1904.
BETWEEN: DENNIS KEITH LENNON Applicant AND: D. DAVENPORT, L. SHORT
D. ROBERTS, R. PHILLIPS J. OSBORNE, W. DAVIS, S. NEAL, Cc. ERTTERSON, J. HOWARD,
P. SHORT . WHITTINGSLOW
J. DAVIS, Kk. MARCH, J. MARSHALL, S. DURKIN
T. MARCOVICH, D. WATKINS, J. LYNCH, N. McGREGOR
F. IAURIE, OG. FRANKCOM
Respondents
ORDER
Judge making orier: Beaumont, d.
Date order made: 26 October 1984.
Where made: Sydney.
THE COURT ORDERS THAT:
Ll. The respondents and each of them and their servants
2.
and agents be restrained from doing or omitting to do any act or acts the effect of which act or acts or omission or omissions would be to make any statement or representation to the effect that any member of the Showmen's Guili of Australasia is not entitled to provide amusements at any
show conducted by the Engadine Apex Club.
2. The respondents and each of them perform and
observe the Rules of the Showmen's Guild of Australasia by
treating the resolution passed at the Executive meeting of
the Showmen's Guild of Australasia on 6 December 1983 as
null, void and of no effect to the extent that the said
resolution instructs members to refrain from attending any
show conducted by the Engadine Apex Club in 1984.
3. The respondents andi each of them perform ani observe the Rules of the Showmen's Guild of Australasia by not taking any action with the object or effect of enforcing the decision of the Executive of 6 December 1983 requiring members to refrain from attending any show conducted by the
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