Patrick Stevedores Operations No 2 Pty Ltd & Ors v Maritime Union of Australia & Ors [1998] FCA 397

FEDERAL COURT OF AUSTRALIA CORPORATIONS - leave to proceed against a company under administration COURTS - jurisdiction to grant an interlocutory injunction before a determination that a contravention of s 298K of the Workplace Relations Act 1996 (Cth) has occurred - power to make an order under s 298U of the Act against a person not an "employer" PRACTICE AND PROCEDURE - Interlocutory injunctions - whether in the nature of specific performance of an agreement for personal services - effect on third parties - whether injunctions beyond what is necessary to protect the position of the injured parties - manner in which court should maintain the status quo

Corporations Law: ss 440D, 443A, 447A Federal Court of Australia Act 1976 (Cth) : s 23 Workplace Relations Act 1996 (Cth) : ss 298K, 298L, 298U

Ascot Investments Pty Ltd v Harper (1981) 148 CLR 337 discussed Australian Liquor, Hospitality and Miscellaneous Workers Union v Terranora Lakes Country Club Pty Ltd (1996) 14 ACLC 1200 discussed Australian Meat Industry Employees Union v Sunland Enterprises Pty Ltd (1988) 81 ALR 213 mentioned Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1996] 3 WLR 27 mentioned Foxcroft v The Ink Group Pty Ltd (1994) 12 ACLC 1063 discussed Jackson v Sterling Industries Limited (1987) 162 CLR 612 applied JC Williamson Ltd v Lukey (1931) 45 CLR 282 mentioned Optus Network Pty Ltd v City of Boroondara (1997) 2 VR 318 mentioned Pioneer Water Tanks (Australia 94) Pty Ltd v Delat Pty Ltd (1997) 16 ACLC 36 mentioned Sanderson Motors (Sales) Pty Ltd v Yorkstar Motors Pty Ltd [1983] 1 NSWLR 513 followed Slater Walker Superannuation Pty Ltd v Great Boulder Gold Mines Pty Ltd [1979] VR 107 applied

PATRICK STEVEDORES OPERATIONS NO 2 PTY LTD and OTHERs (as per attached Schedule) v MARITIME UNION OF AUSTRALIA and OTHERs (as per attached Schedule) VG 152 of 1998 WILCOX, von DOUSSA and FINKELSTEIN JJ 23 APRIL 1998 MELBOURNE