Federal Court of Australia
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CATCHWORDS Practice - action to set aside judgment allegedly obtained by fraud or false evidence - necessity for strict proof - fraud not established - falsity not
established - action dismissed
THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION; JACK O'TOOLE; TREVOR SURPLICE; DICK ANNEAR; and PAT ROUGHAN v. MUDGINBERRI STATION PTY LIMITED
No. VG36 of 1986
Morling J. Sydney t 21 July 1986
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER DATE OF ORDER WHERE MADE
BETWEEN :
AND:
No. VG36 of 1986
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THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION, JACK O'TOOLE, TREVOR SURPLICE, DICK
ANNEAR, and PAT ROUGHAN
Applicants
MUDGINBERRI_ STATION Pry
LIMITED
Respondent
MINUTE OF ORDER
Morling J.
: Sydney
THE COURT ORDERS AS FOLLOWS :
Note:
l.
Application dismissed.
Applicants must pay the
Settlement and entry of Order 36 of the Federal
21 July 1986
respondent's costs.
orders is dealt with in Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG36 of 1986
wee
GENERAL DIVISION
BETWEEN : THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION, JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR, and PAT ROUGHAN
Applicants
AND; MUDGINBERRI_ STATION PTy LIMITED
Respondent
MORLING J. 21 July 1986
REASONS FOR JUDGMENT
On 12 July 1985 I made final orders against the applicants in matter No. G 123 of 1985 ("the injunction proceedings"). Those orders included orders restraining the applicants from, in effect, engaging in conduct proscribed by 8.45D(1) of the Trade Practices Act 1974 (Cth). The orders
made on that date and the reasons which I gave for making them
appear in Mudginberri Station Pty Limited v Australasian Meat Industry Employees Union and Others (1985) 61 A.L.R. 280. In
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