Mechanical Engineering Corporation Pty Ltd v Scholtes [2007] FCA 520

Mechanical Engineering Corporation Pty Ltd v Scholtes [2007] FCA 520

Applicant failed to establish that respondents' conduct would have or be likely to have the effect of causing substantial loss or damage to its business; evidence insufficient to justify interlocutory relief under s 45D of Trade Practices Act.

Parties
Applicant: Mechanical Engineering Corporation Pty Ltd; First Respondent: John Scholtes; Second Respondent: Alan Dingwell; Third Respondent: Joseph Micallef; Fourth Respondent: Sydney Grima; Fifth Respondent: David Alderson; Sixth Respondent: Stephen Attrill; Seventh Respondent: Patrick Brown
Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Application for Interlocutory Relief / Interlocutory Hearing
Outcome
Application for interlocutory relief dismissed
Legal Topics
Interlocutory Injunctions, Hindering Supply of Services, Section 45 D Trade Practices Act, Industrial Relations, Labour Hire
Industrial Law Trade Practices Law Interlocutory Injunctions Hindering Supply of Services Section 45 D Trade Practices Act Industrial Relations Labour Hire

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Parties

Mechanical Engineering Corporation Pty Ltd

Applicant

John Scholtes

First Respondent

Alan Dingwell

Second Respondent

Joseph Micallef

Third Respondent

Sydney Grima

Fourth Respondent

David Alderson

Fifth Respondent

Stephen Attrill

Sixth Respondent

Patrick Brown

Seventh Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Hearing

Legal Issues

  1. 1 Whether respondents engaged in conduct hindering supply of labour hire services
  2. 2 Whether conduct contravened s 45D of Trade Practices Act 1974 (Cth)
  3. 3 Whether conduct likely to cause substantial loss or damage to applicant's business

Ratio Decidendi

Applicant failed to establish that respondents' conduct would have or be likely to have the effect of causing substantial loss or damage to its business; evidence insufficient to justify interlocutory relief under s 45D of Trade Practices Act.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • The application for interlocutory relief be dismissed.
  • The applicant pay the costs of the 1st, 3rd, 4th, 5th and 6th respondents of the application for interlocutory relief.