Gisborne Garden & Building Supplies Pty Ltd v Australian Workers' Union & Ors [1998] FCA 1323

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES – secondary boycott – whether serious question to be tried – whether conduct engaged in by the respondents amounted to "hindering" or "preventing" supply of goods. Trade Practices Act 1974 (Cth) ss 45D, 80(1), 82(1), Farah (Australia) Pty Ltd v National Union of Workers NSW Branch (No 1) (1997) ATPR [41-583], discussed Australian Builders' Labourers' Federated Union of Workers – (WA Branch) v J-Corp Pty Ltd (1993) 42 FCR 452, applied

Bullock v Federated Furnishing Trades Society of A/asia (1985) 5 FCR 464, discussed

GISBORNE GARDEN & BUILDING SUPPLIES PTY LTD (ACN 074 357 841) v THE AUSTRALIAN WORKERS' UNION, GRAEME RAE AND DONALD HENDERSON VG 557 OF 1998

MARSHALL J

MELBOURNE

16 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 557 of 1998

BETWEEN: GISBORNE GARDEN & BUILDING SUPPLIES PTY LTD

(ACN 074 357 841)

Applicant

AND: THE AUSTRALIAN WORKERS' UNION

First Respondent

GRAEME RAE

Second Respondent

DONALD HENDERSON

Third Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 16 october 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's application for interlocutory relief be dismissed. 2. The applicant pay the respondents' costs of the application for interlocutory relief. 3. On or before 6 November 1998 the applicant file and serve any further amended Statement of Claim. 4. On or before 30 November 1998 the respondents file and serve their Defences. 5. On or before 4 December 1998 each party make, file and serve a list of documents relevant to any issue in the proceeding by reference to that issue. Such list be verified by affidavit. 6. There be mutual discovery by 18 December 1998. 7. The directions hearing be adjourned to 11.30 am on 1 February 1999. 8. Liberty to apply on not less than 48 hours written notice to each other party. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.