Springdale Comfort Pty Ltd v Electrical Trades Union of Workers (Perth) & Anor [1986] FCA 187

SB, iBT]

Trade Fractirzes - secondary bovcoatt - application for interlocutory injunction - alleged black-ban by the respondents on the connection of electricity supply from the S.E.C. to the applicant's building site - whether a serious question to be tried

~ need for some evidence in support of each element of the cause

of action under s.45D.

Trade Practices Act 1974 s.45D

SPRINGDALE COMFORT PTY. LTD. v. ELECTRICAL TRADES UNION

OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIA BRANCH), PERTH and KEITH COOPER

No. WA G46 of 1986

TOOHEY J. PERTH 20 MAY 1986

- ye RLY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G46 of 1986

~~ ye

BETWEEN : SPRINGDALE COMFORT PTY. LTD.

Applicant

and

ELECTRICAL TRADES UNION OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIAN

BRANCH) , PERTH

First Respondent

and

KEITH COOPER

Second Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: TOOHEY J.

DATE OF ORDER: 20 May 1986 WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The applicant's claim against the respondents for

interlocutory relief by way of injunctions is dismissed.

2. The costs of the hearing for interlocutory relief are

reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G46 of 1986

~ ee we

BETWEEN: SPRINGDALE COMFORT PTY. LTD.

Applicant

and

ELECTRICAL TRADES UNION OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIAN BRANCH) , PERTH

First Respondent and

KEITH COOPER

Second Respondent

CORAM: TOOHEY J. 20 May 1986

REASONS FOR JUDGMENT

This is an application under sub-s.45D(1) of the Trade Practices Act 1974. The applicant seeks injunctive relief against both respondents pending the hearing of its substantive

application.

The applicant, Springdale Comfort Pty. Ltd., is engaged in the building of private homes in the Perth Metropolitan Area. It uses various business names, in particular Dalfield Homes. The first respondent, Electrical Trades Union of Workers of Australia (Western Australia Branch), Perth, is an organization of employees