VISY BOARD PTY LTD & ANOR v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION, NEW SOUTH WALES BRANCH & ORS [1999] NSWSC 726

VISY BOARD PTY LTD & ANOR v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION, NEW SOUTH WALES BRANCH & ORS [1999] NSWSC 726

The injunction was continued because there was evidence of sufficient weight linking the first, second and third defendants with the activities the subject of the evidence, and the Australian Industrial Relations Commission application did not make it appropriate at that stage to exercise the court's discretion against continuation of the injunction.

Jurisdiction
Australia
Judgment Date
14 July 1999
Procedural Posture
Application for Continuation of Injunction / Interlocutory
Outcome
Injunctions granted on 13 July 1999 continued until 5 pm on 15 July 1999.
Legal Topics
['interlocutory Injunction' 'industrial Dispute' 'picketing' 'public and Private Nuisance' 'intimidation' 'unlawful Interference With Contractual Relations' 'interference With Trade and Business by Unlawful Means' 'assault' 'malicious Damage to Property']
['civil Procedure' 'industrial Law' 'torts'] ['interlocutory Injunction' 'industrial Dispute' 'picketing' 'public and Private Nuisance' 'intimidation' 'unlawful Interference With Contractual Relations' 'interference With Trade and Business by Unlawful Means' 'assault' 'malicious Damage to Property']

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Procedural Posture

Application for Continuation of Injunction / Interlocutory

Legal Issues

  1. 1 ["Whether the ex parte injunction restraining allegedly tortious and criminal acts outside the plaintiffs' premises should be continued against the first, second and third defendants." 'Whether the first defendant, as the New South Wales branch registered under the Industrial Relations Act 1996 (NSW), was sufficiently connected with the federal organisation involved in the dispute.' 'Whether there was evidence of sufficient weight to link the first, second and third defendants with the specific alleged tortious or criminal acts.' 'Whether the court should refuse continuation of the injunction in its discretion because of an application made to the Australian Industrial Relations Commission.']

Ratio Decidendi

The injunction was continued because there was evidence of sufficient weight linking the first, second and third defendants with the activities the subject of the evidence, and the Australian Industrial Relations Commission application did not make it appropriate at that stage to exercise the court's discretion against continuation of the injunction.

Court Disposition

Injunctions granted on 13 July 1999 continued until 5 pm on 15 July 1999.

Orders

  • ['The injunctions granted yesterday are extended to 5 pm tomorrow, 15 July 1999.' 'Notice of continuation of the injunction to all defendants other than the first, second and third is to be given as in paragraph 8 of the order made on 13 July 1999.']