Federal Court of Australia
CATCHWORDS
Trade Practices - Enforcement and remedies - Injunctions - Interim injunction - Conduct ajleged as contravention of Act and as defamation - Principles applicable.
Trade Practices Act 1974 - s.52
Construction Industry Long Service Leave Act 1983 (Vic.) ~ 5.4 Public Service Act 1574 Tere.)
Church of Scientolo of California Inc. v. Reader's Digest
Services . Ltd. N.S.W.L.R. Commercial Bank af Australia Ltd. v. Insurance Brokers Association ° ustralia A.L.R.
Global Sportsman Pty. Ltd. v. Mirror Newspapers Ltd. (1984) 55 RL 25
Hornsby Building Information Centre Pty. Ltd. v. Sydney Buildin Information Centre Ltd. (1976) rah C.L.R. 216
Insurance Commissioner v. Australian Associated Motor Insurers Ltd, -L.R.
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BOARD and EDWIN HOWDEN v. ODCO PTY. LTD., BRIAN PAUL GROVES and PAUL JOSEPH HOSA
No. VG 202 of 1988
Jenkinson J. 24 June, 1988 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. VG 202 of 1988 GENERAL DIVISION ) BETWEEN: CONSTRUCTION INDUSTRY
LONG SERVICE LEAVE BOARD and EDWIN HOWDEN
Applicants
lg
opco PTY. LTD., BRIAN PAUL GROVES and PAUL JOSEPH BOSA
Respondents
CORAM: Jenkinson J. DATE: 24 June, 1988 PLACE: Melbourne
REASONS FOR JUDGMENT
Motion for interlocutory restraint of publication of statements the publication of which is alleged to constitute
contraventions of s.52 of the Trade Practices Act 1974.
The respondent Odco Pty. Ltd. ("Odco") has for some years carried on business in Victoria and, more recently, in Queensland in the building industry. One of Odco's principal activities has been providing to builders, for reward, the services of building workers. Odco has at relevant times maintained that those services are provided in performance of contracts between itself and the building workers which are not
contracts of employment. But it appears that at times some of the
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