Farah (Australia) Pty Ltd v National Union of Workers New South Wales Branch & Ors [1997] FCA 891

Farah (Australia) Pty Ltd v National Union of Workers New South Wales Branch & Ors [1997] FCA 891

While the applicant established that there is a serious issue to be tried under s 45D(1) of the Trade Practices Act 1974 (Cth) regarding whether picketing hindered supply of goods or services and the respondents' proscribed purpose, the presence of existing orders and enforcement proceedings in the Industrial Relations Commission (NSW) constitutes a significant countervailing factor. The balance of convenience does not, at this stage, favour granting interlocutory relief from this Court, especially where risk of irremediable loss is not imminent and damages can be later quantified, so the application is stood over with liberty to apply.

Jurisdiction
Australia
Judgment Date
05 September 1997
Procedural Posture
Interlocutory Application for Injunction / Determination of Interlocutory Relief; Decision to Stand Over Application
Outcome
Application for interlocutory injunction stood over; liberty to apply granted
Legal Topics
['secondary Boycott' 'injunctions' 'industrial Dispute' 'balance of Convenience' 'tort of Nuisance' 'interference With Contractual Relations']
['industrial Law' 'trade Practices' 'employment Law'] ['secondary Boycott' 'injunctions' 'industrial Dispute' 'balance of Convenience' 'tort of Nuisance' 'interference With Contractual Relations']

Case Brief

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Procedural Posture

Interlocutory Application for Injunction / Determination of Interlocutory Relief; Decision to Stand Over Application

Legal Issues

  1. 1 ['Whether applicant established a serious case to be tried under s 45D(1) Trade Practices Act 1974 (Cth)' "Whether respondents' conduct hindered or prevented supply of goods/services" 'Whether balance of convenience favours granting an injunction' 'Whether conduct for the purpose of causing substantial loss or damage to applicant’s business' 'Whether action made out under tort of nuisance or inducing breach of contract']

Ratio Decidendi

While the applicant established that there is a serious issue to be tried under s 45D(1) of the Trade Practices Act 1974 (Cth) regarding whether picketing hindered supply of goods or services and the respondents' proscribed purpose, the presence of existing orders and enforcement proceedings in the Industrial Relations Commission (NSW) constitutes a significant countervailing factor. The balance of convenience does not, at this stage, favour granting interlocutory relief from this Court, especially where risk of irremediable loss is not imminent and damages can be later quantified, so the application is stood over with liberty to apply.

Court Disposition

Application for interlocutory injunction stood over; liberty to apply granted

Orders

  • ['The application be stood over for 14 days.' 'Liberty to apply be granted on 24 hours notice, including liberty to the applicant to renew its application for interlocutory relief.']