Cooney, J.A. v. Gibbs, J. & Ors [1987] FCA 49

tke a Judgement no4Ay

IN THE FEDERAL COURT OF AUSTRALIA »

VICTORIA DISTRICT REGISTRY No. V1 of 1987

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INDUSTRIAL DIVISION ' BETWEEN:

JUDITH ADELLA CGONEZ

.) Applicant AND:

JENNIFER LOUISE GIBBS &_ORS.

Respondents

29 JANUARY, 1987 ' KEELY J. REASONS FOR JUDGMENT

(DELIVERED EX TEMPORE - REVISED FROM TRANSCRIPT)

I have decided to make interim orders. Mr. John, who appeared for the respondents Kathleen Matthews and Kathleen Gilbert, did not oppose the making of the orders sought. Miss M. Hickey, of counsel, who appeared for the respondents Therese Jenkins and Jill Kennedy and Dr. Buchanan Q.C., who appeared with Mr. Strugneli of counsel for all of the remaining respondents, did not contend that the court lacked power to make either of the two ordera sought but submitted

that the court, in its discretion, should refuse to make

either of those orders.

lt wag common gecuni oecween che parties that the

Peineipies calevant to the application for interim relief -

are that the applicant 12 required to fhow that there 13 a seriou3 question to be tried and that the "balance of convenience", a3 1¢ 13 called, lies in favour of making the order2 3o0ught. Those principles are ger out in Bullock v The

Federated Furnishing Trades Scciety of Australasia (No. 1)

(1985) 5 PCR 464 tn which Wocdward J., with whom Smithers and Sweeney JJ. agreed, adopted (at 471) a passage from a

decision of a Full Court in Epitoma Ptv. Ltd. v Australasian Meat Industry Employees' Union (1984} 54 ALR 730 at 734.

The first interim order that was sought 1s:

"An order directing that each of the second to seventeenth Respondents perform and observe the Rules of the Royal Australian Nursing Federation Dy refraining from proceeding to hear and determine the matters the subject of the notice dated 22nd December 1986 summoning Judith Adella Cooney to show cause why she should not be removed from the office of Federal Secretary."