Charlie Carter Pty Ltd v. The Shop, Dist. & A.E.A. of W.A. & Ors [1987] FCA 17

Charlie Carter Pty Ltd v. The Shop, Dist. & A.E.A. of W.A. & Ors [1987] FCA 17

The delay by the applicant was not intentional or contumelious nor causing serious prejudice; accordingly, dismissal was not warranted. However, the applicant failed its special obligation of diligence following the grant of an interlocutory injunction, so the injunction against the second respondent should be discharged for want of prosecution.

Parties
Applicant: Charlie Carter Pty Ltd; First Respondent: The Shop, Distributive and Allied Employees' Association of Western Australia; Second Respondent: The Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch; Third Respondent: The Australian Meat Industry Employees Union; Fourth Respondent: Federated Clerks Union of Australia; Fifth Respondent: Clive Brown; Sixth Respondent: Joe Bullock
Jurisdiction
Australia
Judgment Date
22 January 1987
Procedural Posture
Application for Injunction and Damages / Interlocutory Orders and Directions – Application to Dismiss for Failure to Comply With Directions; Extension of Time; Dissolution of Interlocutory Injunction
Outcome
Applications to dismiss refused; extension of time granted to applicant; interlocutory injunction dissolved as to second respondent; costs orders made.
Legal Topics
Injunctions, Extension of Time, Dismissal for Default, Interlocutory Relief, Contravention of S.45 D Trade Practices Act
Practice and Procedure Trade Practices Injunctions Extension of Time Dismissal for Default Interlocutory Relief Contravention of S.45 D Trade Practices Act

Case Brief

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Parties

Charlie Carter Pty Ltd

Applicant

The Shop, Distributive and Allied Employees' Association of Western Australia

First Respondent

The Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch

Second Respondent

The Australian Meat Industry Employees Union

Third Respondent

Federated Clerks Union of Australia

Fourth Respondent

Clive Brown

Fifth Respondent

Joe Bullock

Sixth Respondent

Procedural Posture

Application for Injunction and Damages / Interlocutory Orders and Directions – Application to Dismiss for Failure to Comply With Directions; Extension of Time; Dissolution of Interlocutory Injunction

Legal Issues

  1. 1 Whether proceedings should be dismissed for applicant's failure to comply with timetable for filing a statement of claim
  2. 2 Whether extension of time to file statement of claim should be granted
  3. 3 Whether interlocutory injunction against second respondent should be dissolved for delay in prosecution

Ratio Decidendi

The delay by the applicant was not intentional or contumelious nor causing serious prejudice; accordingly, dismissal was not warranted. However, the applicant failed its special obligation of diligence following the grant of an interlocutory injunction, so the injunction against the second respondent should be discharged for want of prosecution.

Court Disposition

Applications to dismiss refused; extension of time granted to applicant; interlocutory injunction dissolved as to second respondent; costs orders made.

Orders

  • Motion of the third respondent dated 9 December 1986 dismissed.
  • Applicant to pay third respondent’s costs of the motion.