Regency Constructions Pty Ltd v Australian Building Construction Employees & Builders Labourers Federation

Regency Constructions Pty Ltd, an applicant, sought an interlocutory injunction against the Australian Building Construction Employees & Builders Labourers Federation and others, respondents, to restrain them from imposing a ban on building sites. The dispute involved a secondary boycott, where the respondents were alleged to have engaged in concerted conduct with the purpose of causing substantial loss to the applicant. The primary legal issues before the court were whether the respondents' conduct constituted concerted action under the Trade Practices Act 1974 and whether they were exempted from such provisions under section 45D(3) of the Act.

The court considered the nature of the respondents' conduct and whether it constituted concerted action. It was established that the respondents had engaged in activities that hindered the supply of goods and services to the applicant's building sites by sub-contractors. The court found that the respondents' actions were indeed concerted, as they involved multiple individuals and entities working together to achieve a common goal. Furthermore, the court held that the respondents' conduct was not exempt under section 45D(3) of the Trade Practices Act 1974, as it did not relate to a primary dispute between the respondents and the applicant.

Consequently, the court granted the applicant's request for an interlocutory injunction, restraining the respondents from hindering or preventing the supply of goods or services to the applicant's building sites by the specified sub-contractors. Additionally, the respondents were restrained from aiding, abetting, counselling, procuring, inducing, or attempting to induce any person or corporation to withhold the supply of goods or services or labour by the sub-contractors to the applicant at the specified sites. The respondents were granted liberty to apply to vary or set aside the order on 72 hours notice, and the parties were granted liberty to apply for directions on 72 hours notice. The costs of the hearing were reserved.