Federal Court of Australia
re Cees
« "sD
CATCHWORDS TRADE PRACTICES - secondary boycotts - picket of abattoir by union - permanent injunctions - alleged false evidence of witness in injunction proceedings - application to set aside injunctions
~- whether injunctions should be set aside.
JUDGMENTS AND ORDERS - application to set aside injunctions - alleged false evidence of witness - finding by trial judge that witness honest - whether injunctions should be set aside.
THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES' UNION & ORS. v. MUDGINBERRI STATION PTY. LTD.
No. VG 307 of 1986
CORAM: Fox, Woodward and Sheppard JJ. 16 June 1987
Sydney
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JUDGES MAKING ORDER: DATE OF ORDER: WHERE MADE:
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. VG 307 of 1986
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ON APPEAL from a single judge of the. Federal Court of Australia
BETWEEN :
THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES' UNION,
JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR and PAT ROUGHAN
Appellants AND: MUDGINBERRI STATION Pry. LID.
Respondent
MINUTE OF ORDER
THE COURT ORDERS THAT:
FOX, WOODWARD AND SHEPPARD JJ. 16 JUNE 1987
Sydney.
1. The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY } NO. VG 307 OF 1986 ) GENERAL DIVLSLON )
ON APPEAL from a single judge of the Federal Court of
Australia BETWEEN :
THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES 'UNION,
JACK O'TOOLE,TREVOR SURPLICE, DICK ANNEAR and PAT ROUGHAN
Appellants AND:
MUDGINBERRI STATION PLY. LTD.
Respondent
CORAM: FOX, WOODWARD AND SHEPPARD JJ. DATE: 16 JUNE 1987
REASONS FOR JUDGMENT THE COURT:
We have heard together with the appeal on damages, an appeal from the dismissal by Morling J. of a separate application (V.G.36 of 1986) that the permanent injunctions made under s.45D of the Trade Practices Act 1974 on 12 July 1985 should he set aside on the ground that some evidence of Mr Pendarvis was deliberately false, and perjured, or was made recklessly, not caring whether it was true or false. The decision of Morling J.
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