Warren Mitchell Pt Ltd (A.C.N. 009 194 638) v Australian Maritime Officers Union, the Australian Institute of Marine & Power Engineers, the Maritime Union of Australia and Ted Boronovskis [1994] IRCA 123
Applicant failed to establish, on the balance of probabilities, that respondents acted in concert to impose a black ban or hinder supply of services in contravention of s.45D of the Trade Practices Act 1974. Deficiencies in evidence and absence of direct proof of concerted action meant the case was not made out.
- Jurisdiction
- Australia
- Judgment Date
- 02 December 1994
- Procedural Posture
- Trade Practices/conduct / Final Judgment After Liability Hearing
- Outcome
- Application dismissed
- Legal Topics
- ['secondary Boycott' 'black Ban' 'contract Termination' 'union Conduct']
Case Brief
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Procedural Posture
Trade Practices/conduct / Final Judgment After Liability Hearing
Legal Issues
- 1 ['Whether respondents contravened s.45D of Trade Practices Act 1974 by acting in concert to hinder or prevent supply of services' 'Whether evidence established the imposition of a black ban' "Whether conduct amounted to substantial loss or damage to applicant's business"]
Ratio Decidendi
Applicant failed to establish, on the balance of probabilities, that respondents acted in concert to impose a black ban or hinder supply of services in contravention of s.45D of the Trade Practices Act 1974. Deficiencies in evidence and absence of direct proof of concerted action meant the case was not made out.
Court Disposition
Application dismissed
Orders
- ['The Application be dismissed.']
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