Mudginberri Station Pty Ltd v. The Australasian Meat Industry Employees Union & Ors [1985] FCA 465

Mudginberri Station Pty Ltd v. The Australasian Meat Industry Employees Union & Ors [1985] FCA 465

It was established beyond reasonable doubt that the Union, but not Mr. O'Toole, breached the orders of Mr. Justice Morling of 12 July 1985 by maintaining the picket line in contravention of the injunction. The evidence against Mr. O'Toole did not suffice to prove his personal breach after service of the order.

Source-derived case information.

Parties
Applicant: Mudginberri Station Pty. Ltd.; First Respondent: The Australasian Meat Industry Employees Union; Second Respondent: Jack O'Toole; Third Respondent: Trevor Surplice; Fourth Respondent: Dick Annear; Fifth Respondent: Pat Roughan; Sixth Respondent: Meat Inspectors Association; Seventh Respondent: Gordon McColl; Eighth Respondent: Alex Thompson
Jurisdiction
Australia
Judgment Date
16 August 1985
Procedural Posture
Contempt Motion / Motion for Punishment for Contempt for Breach of Injunction Orders
Outcome
Contempt established against the Union only
Legal Topics
Disobedience of Court Orders, Injunctions, Secondary Boycott, Standard of Proof
Contempt of Court Trade Practices Disobedience of Court Orders Injunctions Secondary Boycott Standard of Proof

Source-derived case record

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Parties

Mudginberri Station Pty. Ltd.

Applicant

The Australasian Meat Industry Employees Union

First Respondent

Jack O'Toole

Second Respondent

Trevor Surplice

Third Respondent

Dick Annear

Fourth Respondent

Pat Roughan

Fifth Respondent

Meat Inspectors Association

Sixth Respondent

Gordon McColl

Seventh Respondent

Alex Thompson

Eighth Respondent

Procedural Posture

Contempt Motion / Motion for Punishment for Contempt for Breach of Injunction Orders

Legal Issues

  1. 1 Whether the Union and Mr. O'Toole breached the court's injunction orders and are thus in contempt of court
  2. 2 Whether the standard of proof in contempt proceedings is beyond reasonable doubt

Ratio Decidendi

It was established beyond reasonable doubt that the Union, but not Mr. O'Toole, breached the orders of Mr. Justice Morling of 12 July 1985 by maintaining the picket line in contravention of the injunction. The evidence against Mr. O'Toole did not suffice to prove his personal breach after service of the order.

Court Disposition

Contempt established against the Union only