J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (WA) and Ors

(1992) 111 ALR 502

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Re: J-Corp Pty Ltd
And: Australian Builders Labourers Federated Union of Workers (WA), Building Trades Association of Workers and Transport Workers Union of Australia, Industrial Union of Workers (WA)

Court:

Judge: French J

Subject References:
Trade Practices

Judgment date: 9 December 1992

Perth

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ORDER

THE COURT ORDERS THAT:

1.

It is hereby declared that the first respondent did on and from 27 July 1992 until 5 August 1992 engage in conduct in concert with its members and others which hindered and prevented the supply of goods and services by third parties to J-Corp Pty Ltd at Rivervale in the State of Western Australia and that such conduct was engaged in for the purpose and was likely to have the effect of causing substantial loss or damage to the business of J-Corp Pty Ltd and that the conduct of the first respondent was in contravention of s.45D(1)(b) of the Trade Practices Act 1974.

2.

The applicant have liberty to apply to the Court by motion to be filed and served on or before 15 January 1993 for further relief.

3.

The applicant and the first respondent have liberty to apply to the Court by motion to be filed and served on or before 15 January 1993 on the question of costs.

4.

The application as against the second respondent is dismissed.

5.

The applicant is to pay the second respondent's costs of the application unless on or before 15 January 1993 it files and serves a motion for a different order.

6.

Any motion filed pursuant to these orders are to be returnable for mention on 9 February 1993 at 9.00 am.

7.

Liberty to the second respondent by motion to be filed and served on or before 15 January 1993 to apply for further orders in relation to the costs of the application.

8.

By consent the question of further relief is referred to the District Registrar for mediation.

Note: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.