IN THE MATTER OF AN APPLIATION FOR A WRIT OF PROHIBITION AGAINST TREVOR REES MORLING, A JUDGE OF THE FEDERAL COURT OF AUSTRALIA; EX PARTE THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION, JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR AND PAT ROUGHAN

IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION

AGAINST TREVOR REES MORLING,

A_JUDGE OF THE FEDERAL COURT OF AUSTRALIA;

EX PARTE THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION,

JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR AND

PAT ROUGHAN

ORDER

Appeal dismissed with costs.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION

AGAINST TREVOR REES MORLING,

A_JUDGE OF THE FEDERAL COURT OF AUSTRALIA;

EX PARTE THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION,

JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR AND

PAT ROUGHAN

JUDGMENT GIBBS C.J. (oral) WILSON J. BRENNAN J.

DEANE J.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION

AGAINST TREVOR REES MORLING,

A_JUDGE OF THE FEDERAL COURT OF AUSTRALIA;

EX PARTE THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION,

JACK O'TOOLE, TREVOR SURPLICE, DICK ANNEAR AND

PAT ROUGHAN

This is an appeal from a judgment of Dawson J. who, on 22 November 1985, refused an application by the present appellants for an order nisi for a writ of prohibition directed to Morling J., a judge of the Federal Court. Morling J. was hearing an application made by Mudginberri Station Pty. Ltd. ("Mudginberri") for injunctive relief and damages for an alleged contravention of s.45D(1) (b) (i) of the Trade Practices Act 1974 (Cth), as amended, by the present appellants (the Australasian Meat Industry Employees Union and Messrs O'Toole, Surplice, Annear and Roughan), and three other persons. The material parts of s.45D of the

Trade Practices Act are in the following terms:

"Subject to this section, a person shall not, in concert with a second person, engage in conduct that hinders or prevents the supply of goods or services by a third person to a fourth person (not being an employer of the first-mentioned person), or the acquisition of goods or services by a third person from a fourth person (not being an employer of the first-mentioned person), where -