Australian Competition & Consumer Commission v The Maritime Union of Australia [2001] FCA 1807

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v The Maritime Union of Australia [2001] FCA 1807

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE MARITIME UNION OF AUSTRALIA, DERRICK NEWLYN, MICHAEL O'LEARY AND jaMES BOYLE N 358 OF 2000

HILL J 21 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 358 of 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: MARITIME UNION OF AUSTRALIA

FIRST RESPONDENT

DERRICK NEWLYN

SECOND RESPONDENT

MICHAEL O'LEARY

THIRD RESPONDENT

JAMES BOYLE

FOURTH RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 21 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The orders set out in the draft short minutes of order prepared by the respondents and to which changes have been made in accordance with matters that have been agreed between the parties be made (with schedules 1 and 2 as attached to the short minutes of order in draft prepared by the Commission being substituted for the schedules referred to in the respondents' draft short minutes of order).

2. The first respondent whether by itself or by its officers, employees or members be permanently restrained from using undue harassment or coercion in connection with the supply of or possible supply of hold cleaning services to ship owners, ship charterers or their servants or agents.

3. The second respondent be permanently restrained from using undue harassment or coercion in connection with the supply of or possible supply of hold cleaning services to ship owners, ship charterers or their servants or agents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.