Farah (Australia) Pty Ltd v National Union of Workers New South Wales Branch & Ors [1997] FCA 935

Farah (Australia) Pty Ltd v National Union of Workers New South Wales Branch & Ors [1997] FCA 935

The evidence of loss sustained by the applicant was insufficiently quantified to displace the balance of convenience in favour of the applicant, particularly given that any losses in the interim could be compensated by an award of damages, and considering the prejudice the respondents would suffer by being restrained from protest during an unresolved industrial dispute; thus, interlocutory relief was refused.

Jurisdiction
Australia
Judgment Date
15 September 1997
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (decision on Application for Interlocutory Injunction)
Outcome
Application for interlocutory injunction dismissed
Legal Topics
['interlocutory Injunctions' 'secondary Boycotts' 'industrial Action' 'balance of Convenience']
['industrial Law' 'trade Practices'] ['interlocutory Injunctions' 'secondary Boycotts' 'industrial Action' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (decision on Application for Interlocutory Injunction)

Legal Issues

  1. 1 ["Whether there is a serious issue to be tried concerning the respondents' purpose under s 45D of the Trade Practices Act 1974 (Cth)" 'Whether damages are an adequate remedy for the applicant' 'Whether an interlocutory injunction should be granted restraining picketing and related conduct']

Ratio Decidendi

The evidence of loss sustained by the applicant was insufficiently quantified to displace the balance of convenience in favour of the applicant, particularly given that any losses in the interim could be compensated by an award of damages, and considering the prejudice the respondents would suffer by being restrained from protest during an unresolved industrial dispute; thus, interlocutory relief was refused.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • ['The application for an interlocutory injunction be dismissed.']