Epitoma Pty Ltd v The Australasian Meat Industry Employees Union & Ors [1984] FCA 216

Epitoma Pty Ltd v The Australasian Meat Industry Employees Union & Ors [1984] FCA 216

A serious question to be tried was demonstrated regarding both the alleged contravention of s.45D(1A) by the respondents and the application of the statutory defence in s.45D(3)(b). The trial judge erred in conflating the threshold for interlocutory relief with the prospects of the defence, and in failing to properly consider the balance of convenience which in this case favoured the grant of the interlocutory injunction, subject to undertakings by the appellant.

Parties
Appellant: Epitoma Pty Limited; First Respondent: The Australasian Meat Industry Employees' Union; Second Respondent: Jack O'Toole; Third Respondent: Dick Annear; Fourth Respondent: Nelson Williams
Jurisdiction
Australia
Judgment Date
27 July 1984
Procedural Posture
Appeal / Appeal From Single Judge's Refusal of Interlocutory Injunction
Outcome
Appeal allowed; interlocutory injunction granted, subject to undertakings
Legal Topics
Section 45 D Trade Practices Act, Interlocutory Injunctions, Balance of Convenience, Industrial Action, Trade Unions
Trade Practices Labour Law Injunctions Section 45 D Trade Practices Act Interlocutory Injunctions Balance of Convenience Industrial Action Trade Unions

Case Brief

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Parties

Epitoma Pty Limited

Appellant

The Australasian Meat Industry Employees' Union

First Respondent

Jack O'Toole

Second Respondent

Dick Annear

Third Respondent

Nelson Williams

Fourth Respondent

Procedural Posture

Appeal / Appeal From Single Judge's Refusal of Interlocutory Injunction

Legal Issues

  1. 1 Whether a prima facie case under s.45D(1A) of the Trade Practices Act was made out for interlocutory relief
  2. 2 Whether respondents were engaged in conduct for the proscribed purpose under s.45D(1A)
  3. 3 Whether conduct was protected by statutory defence under s.45D(3)(b)

Ratio Decidendi

A serious question to be tried was demonstrated regarding both the alleged contravention of s.45D(1A) by the respondents and the application of the statutory defence in s.45D(3)(b). The trial judge erred in conflating the threshold for interlocutory relief with the prospects of the defence, and in failing to properly consider the balance of convenience which in this case favoured the grant of the interlocutory injunction, subject to undertakings by the appellant.

Court Disposition

Appeal allowed; interlocutory injunction granted, subject to undertakings

Orders

  • Order of single judge refusing interlocutory relief set aside
  • Respondents restrained, subject to undertakings, from imposing or enforcing a ban with the purpose or likely effect of hindering the appellant from works and trading activities at the abattoir