Federal Court of Australia
PR 2 0 > a
ATCHWORDS [
PRACTICE AND PROCEDURE - Leave to appeal from interlocutory order refusing adjournment - Discretion of trial judge - Relevant
considerations where adjournment sought to enable another action
to be decided first.
Trade Practices Act 1974, s.45D
Bloch v. Bloch (1981) 37 A.L.R. 55 Maxwell v. Keun £19283 1 K.B. 645
Port of Melbourne Authority v. Anshun Proprietary Limited (1981) 147 C.L.R. 589
Cameron's Unit Services Pty. Ltd. v. Kevin R. Whelpton Associates
(Australia) Pty. Ltd. (1984) 4 FCR 428 Rochfort v. John Fairfax & Sons Ltd. (1972) 1 NSWLR 16
MUDGINBERRI STATION PTY. LTD. -V- THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION & ORS.
NSW G.123 of 1985
Sweeney, Pincus and Burchett Jd.
26 June 1986
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TN_THE FEDERAL COURT OF AUSTRALTA ) NEW SOUTH WALES DISTRICT REGISTRY No. G.123 of 1985 GENERAL DIVISTON ; BETWEEN : . MUDGINBERRI STATION ETY. LTD. Applicant AND: THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNTON First Respondent AND: JACK O'TOOLE Second Respondent AND: TREVOR SURPLICE Third Respondent AND: DICK ANNEAR Fourth Respondent AND:
CORAM:
Sweeney, Pincus and Burchett Jd.
PAT ROUGHAN Fifth Respondent
26 June 1986
2.
REASONS FOR JUDGMENT
On 4 June 1986, we heard applications in this matter,
and made orders, reserving our reasons, Which we now deliver.
The principal application before us was one for leave to appeal against a refusal by Morling J. to adjourn an application
brought under s.45D of the Trade Practaces Act 1974.
The history of the litigation is somewhat complex, but an abbreviated version will be enough for present purposes. on 24 May 1985, the present respondent, which will be called "Mudginberri", filed an application under s.45D seeking an
injunction and damages against the present applicants, who will
be called, collectively, "the union". During the course of the
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