McNamara, E.J. v Leighton Contractors Pty Ltd & Ors [1987] FCA 15

IN THE FEDERAL COURT OF AUSTRALIA' ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G227 of 1986 GENERAL DIVISION )

IN THE MATTER of the Trade Practices Act 1974

BETWEEN: EDWARD JOSEPH McNAMARA Applicant

AND: LEIGHTON CONTRACTORS PTY LIMITED AND OTHERS

Respondents

CORAM: Evatt Jd

DATE : 22 January 1987 PLACE: Sydney

MINUTES OF ORDER On 12 August 1986 the Court ordered that the application by way of interlocutory relief referred to in the application herein

dated 6 June 1986 be dismissed and reserved costs.

THE COURT ORDERS THAT:

the applicant pay each of the respondent's costs of and

incidental to the application for interim relief.

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

IN THE FEDERAL COURT OF AUSTRALTA NEW _ SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G225 of 1986 No. G226 of 1986 No. G227 of 1986 No. G229 of 1986

wevw

IN THE MATTER of the Trade Practices Act 1974, Section 45E(1)

BETWEEN :

BETWEEN ;

BETWEEN :

BETWEEN :

CORAM: Evatt J

DATE : 22 January 1987 PLACE: Sydney

ALLAN VICTOR MULLARKEY AND ANOTHER

First Applicants CONSTRUCTION ENGINEERING AUSTRALIA PTY LIMITED AND OTHERS DOUNSKA JENCAR

Second Applicant RICHARD CROOKES AND ASSOCIATES PTY LIMITED AND OTHERS EDWARD JOSEPH McNAMARA

Third Applicant LEIGHTON CONTRACTORS PTY LIMITED AND OTHERS

RODNEY CAMPBELL

Fourth Applicant

WHITE INDUSTRIES PTY LIMITED AND OTHERS

2.

REASONS FOR JUDGMENT

On 5S May 1986 the Court, as presently constituted, in matter G164/86, Roberts v Murlar Pty Limited & Others (Roberts' case), made certain interlocutory orders against the applicant's

employer, the first named respondent including the following:

That the first named respondent continue to employ the applicant without imposing conditions on such employment, that the applicant,

(a) resign from the Australian Butlding Construction Employees' and Builders Labourers' Federation;