Daley, Brian John v Pohle, S & Ors [1998] FCA 643

Daley, Brian John v Pohle, S & Ors [1998] FCA 643

Because the Court declined in the related election inquiry to declare void Mr Gray's election or his acts, Mr Gray's attendance at the committee meetings referred to in the rule could not be impugned, and no practical consequences would arise from making the rule absolute; the rule to show cause was therefore discharged.

Jurisdiction
Australia
Judgment Date
28 May 1998
Procedural Posture
Application Pursuant to S 209 of the Workplace Relations Act 1996 (cth) for a Rule to Show Cause / Return of Rule to Show Cause
Outcome
Rule to show cause discharged.
Legal Topics
['registered Organisation Rules' 'rule to Show Cause' 'workplace Relations Act 1996 (cth), S 209']
['industrial Law'] ['registered Organisation Rules' 'rule to Show Cause' 'workplace Relations Act 1996 (cth), S 209']

Case Brief

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Procedural Posture

Application Pursuant to S 209 of the Workplace Relations Act 1996 (cth) for a Rule to Show Cause / Return of Rule to Show Cause

Legal Issues

  1. 1 ['Whether the rule to show cause granted by North J on 20 May 1998 should be made absolute or discharged.']

Ratio Decidendi

Because the Court declined in the related election inquiry to declare void Mr Gray's election or his acts, Mr Gray's attendance at the committee meetings referred to in the rule could not be impugned, and no practical consequences would arise from making the rule absolute; the rule to show cause was therefore discharged.

Court Disposition

Rule to show cause discharged.

Orders

  • ['The rule to show cause granted by North J on 20 May 1998 be discharged.']