Callaghan, B. & Ors v Federated Clerks Union [1986] FCA 509

Callaghan, B. & Ors v Federated Clerks Union [1986] FCA 509

Although a serious question to be tried was assumed, the applicants did not establish that the balance of convenience favoured the making of the interim orders. In any event, their considerable and inadequately explained delay in prosecuting the substantive proceedings was itself a sufficient discretionary reason to refuse the relief sought.

Jurisdiction
Australia
Judgment Date
11 May 1986
Procedural Posture
Motion for Interlocutory Injunction or Interim Orders in Federal Court Industrial Division Proceedings / Interlocutory Motion
Outcome
Motion dismissed.
Legal Topics
['interlocutory Injunctions' 'balance of Convenience' 'delay in Prosecution of Proceedings' 'union National Council Meeting' 'branch Financial Status and Representation']
['industrial Law' 'civil Procedure'] ['interlocutory Injunctions' 'balance of Convenience' 'delay in Prosecution of Proceedings' 'union National Council Meeting' 'branch Financial Status and Representation']

Case Brief

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Procedural Posture

Motion for Interlocutory Injunction or Interim Orders in Federal Court Industrial Division Proceedings / Interlocutory Motion

Legal Issues

  1. 1 ['Whether interim orders should be made to prevent exclusion of representatives of the Central and Southern Queensland branch from a National Council meeting pending determination of the substantive proceedings.' 'Whether the balance of convenience favoured making the orders sought.' 'Whether delay by the applicants in prosecuting the substantive proceedings was a countervailing discretionary reason to refuse relief.']

Ratio Decidendi

Although a serious question to be tried was assumed, the applicants did not establish that the balance of convenience favoured the making of the interim orders. In any event, their considerable and inadequately explained delay in prosecuting the substantive proceedings was itself a sufficient discretionary reason to refuse the relief sought.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed.']