Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Maintenance Resource Engineering Pty Ltd (ACN 065 065 297 001) [2003] FCA 570

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Maintenance Resource Engineering Pty Ltd (ACN 065 297 001) [2003] FCA 570 AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and SHANE COOK and CRAIG MARSHALL -v-MAINTENANCE RESOURCE ENGINEERING PTY LTD (ACN 065 297 001) and CBI CONSTRUCTORS PTY LTD (ACN 000 612 411) V 407 of 2003 RYAN J 6 JUNE 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 407 of 2003

BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

First Applicant

SHANE COOK

Second Applicant

CRAIG MARSHALL

Third Applicant

AND: MAINTENANCE RESOURCE ENGINEERING PTY LTD (ACN 065 297 001)

First Respondent

CBI CONSTRUCTORS PTY LTD (ACN 000 612 411)

Second Respondent JUDGE: RYAN J

DATE OF ORDER: 6 JUNE 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. THAT the application for an interlocutory injunction be refused.

2. THAT the applicants file and serve by 12 June 2003 an amended statement of claim.

3. THAT the respondents file and serve by 18 June 2003 their defences to the amended statement of claim.

4. THAT there be a speedy trial of the application herein on 30 June and 1 July 2003 to continue if necessary from 8 July 2003 until completed.

5. THAT the trial referred to in paragraph 4 be on affidavit with the applicants to file and serve by 23 June 2003 any affidavit or affidavits on which they wish to rely in addition to those already filed herein.