In the Matter of an election for an office in the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Larner, Craig v Curry, Ian [1998] FCA 1450

In the Matter of an election for an office in the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Larner, Craig v Curry, Ian [1998] FCA 1450

No sufficient doubt or significance in the issues raised by the applicant; construction of union rules pertains to this union alone and does not merit leave to appeal; no arguable inconsistency with past decisions warrants leave.

Jurisdiction
Australia
Judgment Date
23 October 1998
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Decision
Outcome
Application for leave to appeal refused
Legal Topics
['leave to Appeal' 'eligibility for Election of Union Officers' 'interpretation of Union Rules']
['industrial Law'] ['leave to Appeal' 'eligibility for Election of Union Officers' 'interpretation of Union Rules']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Decision

Legal Issues

  1. 1 ["Whether the respondent was eligible for election under Rule 4(b)(iii)(1) of the Union's Rules" "Whether the interpretation of 'officer' in union rules includes salaried staff" 'Whether conflicting prior decisions warrant leave to appeal']

Ratio Decidendi

No sufficient doubt or significance in the issues raised by the applicant; construction of union rules pertains to this union alone and does not merit leave to appeal; no arguable inconsistency with past decisions warrants leave.

Court Disposition

Application for leave to appeal refused

Orders

  • ['Application for leave to appeal refused']