Australasian Meat Industry Employee's Union & Ors v Aziz, Rashad Basha & Ors [1998] FCA 925

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – decision of administrators to dismiss employees – employees injured in their employment and their positions altered to their prejudice by combined conduct of respondents – conspiracy of combined respondents to injure by unlawful means. INTERLOCUTORY RELIEF – whether serious issue to be tried – balance of convenience. INJUCTIONS – interim mandatory mareva injunction. Federal Court of Australia Act 1976 (Cth) s33J Workplace Relations Act 1996 (Cth) ss178, 298K, 298L, 298U, 298V Corporations Law (Cth) s574

Australasian Meat Industry Employees' Union and Ors v Mt Schank Meat Processing Pty Ltd & Anor (von Doussa J, Federal Court of Australia, 21 May 1998, unreported), discussed.

Bullock v Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464, applied.

Patrick Stevedores Operations No 2 Pty Ltd and Ors v Maritime Union of Australia and Ors (1998) 153 ALR 643, applied.

Jackson v Sterling Industries Ltd (1987) 162 CLR 612, applied.

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION AND GRAEME LEWIS AND PAMELA DICKER v RASHAD BASHA AZIZ AND OTHERS

VG 302 of 1998

MARSHALL J

MELBOURNE

5 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 302 of 1998

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION

First Applicant

GRAEME LEWIS and PAMELA DICKER

Second ApplicantS

AND: RASHAD BASHA AZIZ

First Respondent

NAHED AZIZ

Second Respondent

RODNEY AZIZ

Third Respondent

RANDA AZIZ

Fourth Respondent

RASHAD AZIZ INVESTMENTS PTY LTD

Fifth Respondent

SELECT MEAT EXPORTS PTY LTD

Sixth Respondent

SOUTH EAST SERVICES PTY LTD

Seventh Respondent