Carters, C. Pty Ltd v The Shop Dist. & Allied Employees Association of W.A. [1986] FCA 337

IN THE FELERAL COURT OF AUSTRALIA WESTERN AUSTRALIA BISTRICT REGISTRY GENERAL DIVISION

No. WA G74 of 1986

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BETWEENS

Applicant and

THE SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA

First Respondent and TRANSPORT WORKERS UNION

Second Respondent and

AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION

Third Respondent and

FEDERATED CLERKS UNION OF

AUSTRALIA ; Fourth Respondent and CLIVE BROWN

Fifth Respondent and

JOE BULLOCK

Sixth Respondent

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CORAM: MUIRHEAD J. 23 July 1986

REASONS FOR DECISION (EX TEMPORE)

This application for interlocutory injunction is brought pursuant to the provisions of s.45D of the Trade Practices Act,

the powers to make restraining orders of the nature sought being

contained in s.80.

One prefers not to make restraining orders on an ex

parte basis, but here there are considerations which I find

compelling: (1) The nature of the conduct sworn to in the affidavits.

{2) The continuing and, I accept, substantial loss the

conduct is causing.

(3) The fact that the conduct is sworn to include physical obstruction of legitimate access to and from the

applicant's business premises.

(4) The fact that some such conduct sworn to is, if true,

clearly illegal and offensive by any standard.

(5) The capacity of this court to deal with the matter early

next week is limited.

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(6) Damage or loss is unlikely to result to the respondents

or, in the case of the association, to its members.

I have had the oportunity of considering the many affidavits filed and they reveal a state of affairs, which if found ultimately to be substantiated, goes far beyond the ambit of what one may term as 'lawful industrial picketing' - (picketing which carries with it no actual physical obstruction, violence or

threat).

The material elements proof of which is required under

sub-s.45D l(a) (referred to by Bowen C.J. in Tillemanns Butcheries