Lynch, A.R. v. Howard, W.J. & Ors [1980] FCA 118

Lynch, A.R. v. Howard, W.J. & Ors [1980] FCA 118

The correct interpretation of Rule 4(c) requires that an applicant obtain a majority of the formal votes cast for their candidature by members present and voting, meaning only formal 'yes' and 'no' votes count. Informal votes are not relevant. Since Mr. Lynch received fourteen 'yes' votes and four 'no' votes, he satisfied the requirement. The respondents are bound by the conduct of the trial and cannot re-litigate factual findings by introducing contradictory fresh evidence on appeal.

Parties
Applicant: Alice Rose Lynch; Candidate/applicant's Husband: James Thomas Lynch; Respondent: E.T. Howard; Respondent: A. Breton; Respondent: T. Marshall; Respondent: T. Asprone; Respondent: E. Johnson; Respondent: Showmen's Guild of Australasia; Respondent: R. Bowden; Respondent: A. Foster; Respondents: Respondent group (multiple named officers and members)
Jurisdiction
Australia
Judgment Date
27 August 1980
Procedural Posture
Appeal / Decision on Appeal From Single Judge
Outcome
appeal allowed
Legal Topics
Construction of Membership Rules, Voting Requirements in Membership Organisations
Industrial Law Construction of Membership Rules Voting Requirements in Membership Organisations

Case Brief

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Parties

Alice Rose Lynch

Applicant

James Thomas Lynch

Candidate/applicant's Husband

E.T. Howard

Respondent

A. Breton

Respondent

T. Marshall

Respondent

T. Asprone

Respondent

E. Johnson

Respondent

Showmen's Guild of Australasia

Respondent

R. Bowden

Respondent

A. Foster

Respondent

Respondent group (multiple named officers and members)

Respondents

Procedural Posture

Appeal / Decision on Appeal From Single Judge

Legal Issues

  1. 1 How to interpret Rule 4(c) of the rules of the Showmen's Guild of Australasia concerning 'majority of votes of all members present and voting'.
  2. 2 Whether the correct majority is of formal votes cast or includes informal ballots.
  3. 3 Effect of party conduct at trial on appeal and whether to allow further hearing.

Ratio Decidendi

The correct interpretation of Rule 4(c) requires that an applicant obtain a majority of the formal votes cast for their candidature by members present and voting, meaning only formal 'yes' and 'no' votes count. Informal votes are not relevant. Since Mr. Lynch received fourteen 'yes' votes and four 'no' votes, he satisfied the requirement. The respondents are bound by the conduct of the trial and cannot re-litigate factual findings by introducing contradictory fresh evidence on appeal.

Court Disposition

appeal allowed

Orders

  • The order of the Court made on 13 December 1979 is set aside.
  • Each of the respondents, other than the Showmen's Guild of Australasia, is directed to perform and observe the rules of the Guild by recognising James Thomas Lynch as a member of the Guild.