Gough & Gilmour Holdings Pty Ltd and ors v Caterpillar of Australia Ltd (No. 12) [2002] NSWIRComm 379

Industrial Relations Commission of New South Wales in Court Session

CITATION : Gough & Gilmour Holdings Pty Ltd and ors v Caterpillar of Australia Ltd (No. 12) [2002] NSWIRComm 379 FIRST APPLICANT Gough & Gilmour Holdings Pty Ltd

SECOND APPLICANT Harcourt David Gough

THIRD APPLICANT Anthony Lansley Gilmour

PARTIES : FIRST RESPONDENT Caterpillar of Australia Limited

SECOND RESPONDENT Caterpillar Inc.

THIRD RESPONDENT Caterpillar SARL

FOURTH RESPONDENT Caterpillar Overseas Credit Corporation SA FILE NUMBER: IRC 5227 of 2000 CORAM: Boland J Unfair contract - Joinder application by applicants - Application by respondents to dissolve injunctions - Question of whether injunctions should be dissolved before alternative relief under s 106 of the Industrial Relations Act considered by the Court - Changed circumstances since Court's refusal of primary relief - Parties to be heard on issue of alternative relief - Parties directed to hold discussions on revising injunctive orders in light of changed circumstances - Additional respondents joined CATCHWORDS : Practice and Procedure - Joinder application by applicants - Application by respondents to dissolve injunctions - Question of whether injunctions should be dissolved before alternative relief under s 106 of the Industrial Relations Act considered by the Court - Changed circumstances since Court's refusal of primary relief - Parties to be heard on issue of alternative relief - Parties directed to hold discussions on revising injunctive orders in light of changed circumstances - Additional respondents joined LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Gough & Gilmour Holdings Pty Limited & Ors v Caterpillar of Australia Limited & Anor (No. 11) [2002] NSWIRComm 354 HEARING DATES: 12/20/2002; 12/23/2002 DATE OF JUDGMENT: 12/27/2002