Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 294

FEDERAL COURT OF AUSTRALIA

Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 294 EASTERN BASIN PTY LIMITED v MARITIME UNION OF AUSTRALIA & JAMES BOYLE

N 226 OF 1999 HELY J 24 MARCH 1999 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 226 OF 1999

BETWEEN: EASTERN BASIN PTY LIMITED

Applicant

AND: MARITIME UNION OF AUSTRALIA

First Respondent

JAMES BOYLE

Second Respondent

JUDGE: HELY J

DATE OF ORDER: 24 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Until the hearing and determination of this matter or further order, the respondents be restrained (whether by themselves, their officials, delegates, employees, agents or howsoever otherwise) from directing, procuring, persuading, advising or authorising members of the MUA to refuse to perform work in connection with the loading of the following ships: (a) Western Condor, due to berth at Eastern Basin on or about 25 March 1999; (b) Western Hawk, due to berth at Eastern Basin on or around 1 April 1999. 2. The respondents do forthwith revoke and cancel any threat, instruction, direction or advice given to any other person to carry out any act of a kind referred to in Order 1. 3. Liberty to the respondents to apply for a variation of these orders on such notice, if any, as a judge may allow. 4. Liberty to the applicant to bring in short minutes of order extending the operation of Order 1 to other ships due to berth at Eastern Basin, provided that the conduct restrained, if engaged in by the respondents, would constitute a tortious interference with the applicant's rights. 5. The matter be adjourned to a date to be fixed for further directions.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA