Stapleton, Damien v Field & Ors [1984] FCA 274

Stapleton, Damien v Field & Ors [1984] FCA 274

Evatt J’s orders bind the Association and are inconsistent with any right of the applicant to continue in office as Secretary, whether by holding over under the rules or otherwise. The status quo management structure from Evatt J’s orders should remain unaltered until the poll is declared.

Parties
Applicant: Damien Stapleton; Respondents: Field & Ors.
Jurisdiction
Australia
Judgment Date
27 July 1984
Procedural Posture
Application / Final Disposition of Rule Nisi; Judgment Given
Outcome
Application dismissed; rule nisi discharged.
Legal Topics
Union Election Validity, Office Holding Until Union Election, Construction of Union Rules, Court Discretion for Relief, Interlocutory Versus Final Hearing
Industrial Law Union Election Validity Office Holding Until Union Election Construction of Union Rules Court Discretion for Relief Interlocutory Versus Final Hearing

Case Brief

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Parties

Damien Stapleton

Applicant

Field & Ors.

Respondents

Procedural Posture

Application / Final Disposition of Rule Nisi; Judgment Given

Legal Issues

  1. 1 Whether the applicant is entitled to hold over as Secretary until the declaration of the next election
  2. 2 Whether the 1982 Branch election was valid
  3. 3 Effect of Evatt J's orders and construction of Union rules

Ratio Decidendi

Evatt J’s orders bind the Association and are inconsistent with any right of the applicant to continue in office as Secretary, whether by holding over under the rules or otherwise. The status quo management structure from Evatt J’s orders should remain unaltered until the poll is declared.

Court Disposition

Application dismissed; rule nisi discharged.

Orders

  • The rule nisi be discharged.