Thorson v Pine [2004] FCA 805

Thorson v Pine [2004] FCA 805

There is a serious issue to be tried as to whether the notice is invalid for failing to specify particulars of the awards, agreements, or requirements under the Act, and the balance of convenience favours granting the interlocutory injunction.

Parties
Applicant: Grant Thorson and Others; First Respondent: Lisette Pine, an inspector under section 84 of the Workplace Relations Act 1996; Second Respondent: Multiplex Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Stage
Outcome
interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Validity of Statutory Notices, Workplace Relations Act
Industrial Relations Interlocutory Injunction Validity of Statutory Notices Workplace Relations Act

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Parties

Grant Thorson and Others

Applicant

Lisette Pine, an inspector under section 84 of the Workplace Relations Act 1996

First Respondent

Multiplex Constructions Pty Ltd

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Stage

Legal Issues

  1. 1 whether notice under s 86(1A)(c) of the Workplace Relations Act 1996 is valid
  2. 2 whether notice fails to set out particulars of documents required to be produced
  3. 3 whether a serious issue to be tried

Ratio Decidendi

There is a serious issue to be tried as to whether the notice is invalid for failing to specify particulars of the awards, agreements, or requirements under the Act, and the balance of convenience favours granting the interlocutory injunction.

Court Disposition

interlocutory injunction granted

Orders

  • First respondent restrained from enforcing the Notice under s 86(1A)(c) or requiring production of documents pursuant to it until the hearing and determination of the proceeding or further order.
  • Second respondent restrained from providing documents to the first respondent that may fall within the terms of the Notice until hearing and determination of the proceeding or further order.