Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 294

Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 294

The applicant has established a prima facie case of tortious interference and the balance of convenience favours the grant of interlocutory relief in terms of restraining the respondents from directing, procuring, persuading, advising or authorising industrial action preventing loading of specified ships at Eastern Basin.

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Interlocutory Application / Interlocutory Injunction; Orders for Further Directions
Outcome
Interlocutory injunction granted; matter adjourned for further directions.
Legal Topics
['tortious Interference With Contractual Relations' 'industrial Action' 'injunctive Relief']
['torts' 'industrial Law' 'employment Law'] ['tortious Interference With Contractual Relations' 'industrial Action' 'injunctive Relief']

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Procedural Posture

Interlocutory Application / Interlocutory Injunction; Orders for Further Directions

Legal Issues

  1. 1 ["Whether the respondents have engaged in tortious interference with the applicant's contractual and business rights." 'Whether interlocutory injunctive relief should be granted restraining certain conduct by respondents.']

Ratio Decidendi

The applicant has established a prima facie case of tortious interference and the balance of convenience favours the grant of interlocutory relief in terms of restraining the respondents from directing, procuring, persuading, advising or authorising industrial action preventing loading of specified ships at Eastern Basin.

Court Disposition

Interlocutory injunction granted; matter adjourned for further directions.

Orders

  • ['The respondents are restrained from directing, procuring, persuading, advising or authorising members of the MUA to refuse to perform work in connection with the loading of Western Condor and Western Hawk.' 'The respondents must revoke and cancel any threat, instruction, direction or advice given to any other...