Wribass Pty Ltd v John Edward Swallow & the Australian Meat Industry Employees Union [1978] FCA 103

Wribass Pty Ltd v John Edward Swallow & the Australian Meat Industry Employees Union [1978] FCA 103

Plaintiff established a prima facie case of unlawful conduct causing substantial loss or damage. Balance of convenience strongly favours plaintiff; no evidence of injury or inconvenience on defendants’ part by granting injunctions. Interim injunctions granted under s.80(2) of the Trade Practices Act 1974.

Parties
Plaintiff: WRIBASS PTY LIMITED; Defendant: JOHN EDWARD SWALLOW; Defendant: THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION
Jurisdiction
Australia
Judgment Date
16 November 1978
Procedural Posture
Civil / Interlocutory Application for Interim Injunction
Outcome
Interim injunctions granted restraining defendants’ conduct pending determination of application for final injunctions.
Legal Topics
Interim Injunctions, Prima Facie Case, Balance of Convenience, Union Conduct, Black Ban, Damages
Trade Practices Law Industrial Relations Law Interim Injunctions Prima Facie Case Balance of Convenience Union Conduct Black Ban Damages

Case Brief

Summary, issues, holding and outcome

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Parties

WRIBASS PTY LIMITED

Plaintiff

JOHN EDWARD SWALLOW

Defendant

THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION

Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 Whether defendants’ conduct contravened s.45D of the Trade Practices Act 1974
  2. 2 Whether an interim injunction should be granted under s.80 of the Trade Practices Act 1974
  3. 3 Whether plaintiff has established a prima facie case

Ratio Decidendi

Plaintiff established a prima facie case of unlawful conduct causing substantial loss or damage. Balance of convenience strongly favours plaintiff; no evidence of injury or inconvenience on defendants’ part by granting injunctions. Interim injunctions granted under s.80(2) of the Trade Practices Act 1974.

Court Disposition

Interim injunctions granted restraining defendants’ conduct pending determination of application for final injunctions.

Orders

  • Interim injunction restraining both defendants from continuing conduct pending final determination.
  • Plaintiff awarded costs of yesterday’s sitting; other costs reserved.