Patti v Haritou [2001] FCA 1795

Patti v Haritou [2001] FCA 1795

Given a real risk the applicant's relief would be rendered nugatory by possible shortening of the FFTS Division's separate existence, and absence of prejudice or opposition by respondents, the court granted an interlocutory injunction restraining such action by the Executive without notice.

Parties
Applicant: Joe Patti; First Respondent: Michael Haritou; Second Respondent: Alex Findlay; Third Respondent: Rick Fowler; Fourth Respondent: Gregory Williams; Fifth Respondent: Edward Harris; Sixth Respondent: Bradley Parker; Seventh Respondent: Michael Mitten; Eighth Respondent: Stephen Rowe; Ninth Respondent: David Kirner
Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Application for Interlocutory Injunction and Orders for Expedited Hearing / Interlocutory; Orders on Interim Relief
Outcome
Interlocutory injunction granted; expedited hearing set; procedural orders given.
Legal Topics
Union Rules, Referendum, Interlocutory Injunction, Expedited Hearing
Industrial Law Union Rules Referendum Interlocutory Injunction Expedited Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joe Patti

Applicant

Michael Haritou

First Respondent

Alex Findlay

Second Respondent

Rick Fowler

Third Respondent

Gregory Williams

Fourth Respondent

Edward Harris

Fifth Respondent

Bradley Parker

Sixth Respondent

Michael Mitten

Seventh Respondent

Stephen Rowe

Eighth Respondent

David Kirner

Ninth Respondent

Procedural Posture

Application for Interlocutory Injunction and Orders for Expedited Hearing / Interlocutory; Orders on Interim Relief

Legal Issues

  1. 1 Whether the Divisional Executive should be ordered to conduct a referendum under Rule 15 of the union rules
  2. 2 Whether an interlocutory injunction should issue restraining the Divisional Executive from shortening the period of separate existence for the FFTS Division

Ratio Decidendi

Given a real risk the applicant's relief would be rendered nugatory by possible shortening of the FFTS Division's separate existence, and absence of prejudice or opposition by respondents, the court granted an interlocutory injunction restraining such action by the Executive without notice.

Court Disposition

Interlocutory injunction granted; expedited hearing set; procedural orders given.

Orders

  • Stephen Rowe and David Kirner added as respondents and service of documents dispensed with.
  • Matter fixed for hearing on 10 December 2001 for 1-2 days.