John Holland Pty Ltd v The Construction, Forestry, Mining and Energy Union

In John Holland Pty Ltd v The Construction, Forestry, Mining and Energy Union, the plaintiff sought an injunction and damages against the defendants for alleged interference in the plaintiff's contractual relations with employees and subcontractors. The defendants had provided an undertaking and the court had granted an interlocutory injunction restraining them from interfering with the contracts. The plaintiff then alleged that the defendants breached either their undertaking or the interlocutory injunction on six separate occasions. The plaintiff sought fines for the alleged contempts, but the contemnors argued that the notice of motion was deficient in form. The plaintiff then applied for leave to amend the notice of motion, which the contemnors opposed. The court held that the notice of motion was clearly defective in that it failed to adequately particularise the alleged contempts of court. Although the supporting affidavits outlined the substance of the allegations against the contemnors, these materials could not be used to fill the gaps in the notice of motion. The proposed amendments were substantial and, in light of the authorities, the application for leave to amend had to be refused. The final orders were that the application for leave to amend be refused.