Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 535

Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 535

The applicant established a prima facie case or serious question to be tried that the asserted safety dispute concerning the Western Condor was not bona fide but manufactured to disrupt unloading, and that MUA involvement or approval was material to whether members would work. In those circumstances, the Court extended negative interlocutory restraint to loading or unloading any ship or vessel at Eastern Basin wharf subject to notice of relevant contractual relationships, and made mandatory ancillary recommendation orders because they were incidental to the negative injunctions, would make clear that the respondents were complying with them, and the balance of convenience favoured their...

Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Orders Following Earlier Injunction Orders
Outcome
Interlocutory injunction orders made in substitution for the earlier orders as to the future; broader proposed relief refused; costs reserved; matter adjourned for further directions.
Legal Topics
['interlocutory Injunctions' 'mandatory Injunctions' 'tortious Interference With Contractual Relations' 'industrial Action' 'trade Union Conduct']
['industrial Law' 'tort Law' 'civil Procedure'] ['interlocutory Injunctions' 'mandatory Injunctions' 'tortious Interference With Contractual Relations' 'industrial Action' 'trade Union Conduct']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Orders Following Earlier Injunction Orders

Legal Issues

  1. 1 ['Whether interlocutory injunction orders made on 24 March 1999 should be varied or extended in light of events involving the MV Western Condor on 25 and 26 March 1999.' 'Whether the respondents should be restrained from directing, procuring, persuading, advising or authorising members of the first respondent to refuse to perform loading or unloading work at Eastern Basin wharf.' 'Whether mandatory interlocutory orders should be made requiring the respondents to recommend that MUA members perform work in accordance with their contracts of employment.' 'Whether broader orders based on intimidation, nuisance, or a definition of refusal to perform work should be made.']

Ratio Decidendi

The applicant established a prima facie case or serious question to be tried that the asserted safety dispute concerning the Western Condor was not bona fide but manufactured to disrupt unloading, and that MUA involvement or approval was material to whether members would work. In those circumstances, the Court extended negative interlocutory restraint to loading or unloading any ship or vessel at Eastern Basin wharf subject to notice of relevant contractual relationships, and made mandatory ancillary recommendation orders because they were incidental to the negative injunctions, would make clear that the respondents were complying with them, and the balance of convenience favoured their...

Court Disposition

Interlocutory injunction orders made in substitution for the earlier orders as to the future; broader proposed relief refused; costs reserved; matter adjourned for further directions.

Orders

  • ['On the applicant giving the usual undertaking as to damages, until the hearing and determination of this matter or further order, the respondents be restrained from directing, procuring, persuading, advising or authorising members of the first respondent to refuse to perform work in connection with the loading or...