Charlie Carter Pty Ltd v. The Shop, Dist. & A.E.A. of W.A. & Ors [1987] FCA 17

"Dugrey Ww cy 7 |b a ed /s

PRACTICE AND PROCEDURE - asplication for injunction and damages

for contravention of s.45D Trade Practices Act 1974 -

interlocutory injunction granted - directions as to filing and

service of statement of claim ~ directions not complied with -

application for extension of time one month after expiry - supervisory role of Court under directions procedure - application under 0.10r.7 to dismiss proceeding - applicable principles - duty

to proceed speedily where interlocutory injunction - discharge of

injunction for delay in prosecution.

Trade Practices Act 1974 s.45D Federal Court Rules 0.10 r.7 Birkett v James [1978] Ac 297

Allen v Sir Alfred McAlpine and Sons Limited (1968) 2 OB 229 Greek City Co. Ltd v Demetriou (1983) 2 All ER 921

CHARLIE CARTER PTY LTD v THE SHOP, DISTRIBUTIVE AND ALLIED

EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA, THE TRANSPORT WORKERS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH, THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION,

THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION, FEDERATED CLERKS UNION OF AUSTRALIA, CLIVE BROWN, and JOE BULLOCK

" -

NO. WAG 74 of 1986

FRENCH J. PERTH

22 January 1987

hal

the

IN THO FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

NO. WAG 74 OF 1986 CHARLIE CARTER PTY LTD APPLICANT

and

THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ' ASSOCIATION OF WESTERN

AUSTRALIA

First Respondent and

THE TRANSPORT WORKERS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH

Second Respondent

and

THE 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

JUDG

NO

MiNULL GE GROLER

MAKING ORDER: FRENCH J.

DATE Of ORDER:

WHERE

MADE:

22 January 1987