Concrete Constructions (NSW) Pty Ltd v Australian Building Construction Employees & Builders Labourers Federation & Ors [1988] FCA 485

Concrete Constructions (NSW) Pty Ltd v Australian Building Construction Employees & Builders Labourers Federation & Ors [1988] FCA 485

There is no allegation of felony against Mr Heffernan, only conduct proscribed by s.45D; no undertaking has been proffered to refrain from entering applicant's land; no evidence of real prejudice or loss of right to silence; thus, no basis for exercising discretion to grant a stay.

Parties
Applicant: Concrete Constructions (NSW) Pty. Limited; First Respondent: Australian Building Construction Employees and Builders' Labourers' Federation; Second Respondent: Building Construction Employees and Builders Labourers Federation of New South Wales; Third Respondent: Steve Black; Fourth Respondent: William Ross Heffernan; Fifth Respondent: Douglas Siddons; Sixth Respondent: David Croden; Seventh Respondent: Larry Gaines; Eighth Respondent: William Matchett; Ninth Respondent: Zelko Joseph Maric; Tenth Respondent: Terence Doyle
Jurisdiction
Australia
Judgment Date
06 May 1988
Procedural Posture
Application for Stay of Proceedings / Ex Tempore Judgment on Stay Application
Outcome
Application for stay dismissed.
Legal Topics
Stay of Proceedings, Trade Practices Act S.45 D, Trespass
Practice and Procedure Trade Practices Stay of Proceedings Trade Practices Act S.45 D Trespass

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Parties

Concrete Constructions (NSW) Pty. Limited

Applicant

Australian Building Construction Employees and Builders' Labourers' Federation

First Respondent

Building Construction Employees and Builders Labourers Federation of New South Wales

Second Respondent

Steve Black

Third Respondent

William Ross Heffernan

Fourth Respondent

Douglas Siddons

Fifth Respondent

David Croden

Sixth Respondent

Larry Gaines

Seventh Respondent

William Matchett

Eighth Respondent

Zelko Joseph Maric

Ninth Respondent

Terence Doyle

Tenth Respondent

Procedural Posture

Application for Stay of Proceedings / Ex Tempore Judgment on Stay Application

Legal Issues

  1. 1 Whether the proceedings against the fourth respondent should be stayed pending determination of related criminal proceedings under the Enclosed Lands Act.
  2. 2 Whether ongoing civil proceedings would prejudice the fourth respondent's right to silence.

Ratio Decidendi

There is no allegation of felony against Mr Heffernan, only conduct proscribed by s.45D; no undertaking has been proffered to refrain from entering applicant's land; no evidence of real prejudice or loss of right to silence; thus, no basis for exercising discretion to grant a stay.

Court Disposition

Application for stay dismissed.

Orders

  • The application by the fourth respondent to stay the proceedings against him is dismissed.