United Motor Search Pty Ltd v Hanson Construction Materials Pty Ltd (No 2) [2014] FCA 277

United Motor Search Pty Ltd v Hanson Construction Materials Pty Ltd (No 2) [2014] FCA 277

The interlocutory order made on 24 October 2013 is no longer sustainable because key customers have banned Mr Meredith, making it impracticable for Hanson to comply with its usual rostering arrangements, with risk of commercial prejudice to Hanson and other drivers. The changed circumstances, caused by Mr Meredith's conduct, have shifted the balance of convenience against continuation of the order; therefore, the order should be vacated, although a serious question to be tried remains.

Jurisdiction
Australia
Judgment Date
26 March 2014
Procedural Posture
Interlocutory Application / Application to Vacate Interlocutory Order
Outcome
Order 1 of the orders of 24 October 2013 vacated; interlocutory injunction discharged.
Legal Topics
['interlocutory Relief' 'balance of Convenience' 'workplace Safety' 'fair Work Act' 'vacation of Orders']
['employment Law' 'practice and Procedure'] ['interlocutory Relief' 'balance of Convenience' 'workplace Safety' 'fair Work Act' 'vacation of Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Interlocutory Order

Legal Issues

  1. 1 ['Whether the interlocutory order of 24 October 2013 should be vacated' 'Whether the balance of convenience has shifted since the original order' 'Whether it is possible for the respondents to comply with the original order' 'Whether there is still a serious question to be tried']

Ratio Decidendi

The interlocutory order made on 24 October 2013 is no longer sustainable because key customers have banned Mr Meredith, making it impracticable for Hanson to comply with its usual rostering arrangements, with risk of commercial prejudice to Hanson and other drivers. The changed circumstances, caused by Mr Meredith's conduct, have shifted the balance of convenience against continuation of the order; therefore, the order should be vacated, although a serious question to be tried remains.

Court Disposition

Order 1 of the orders of 24 October 2013 vacated; interlocutory injunction discharged.

Orders

  • ['Order 1 of 24 October 2013 be vacated.']