Lennon, Dennis Keith v Davenport, D & Ors [1984] FCA 342

Lennon, Dennis Keith v Davenport, D & Ors [1984] FCA 342

The resolution purporting to ban members from attending the Engadine Apex Show was not made bona fide for the benefit of members as a whole, but improperly targeted and discriminated against the applicant alone. This was an unreasonable restraint of trade and a misuse of the Committee's power under the Rules and objects of the Guild. Accordingly, the resolution and any action to enforce it are void and of no effect.

Parties
Applicant: Dennis Keith Lennon; Respondent: D. Davenport; Respondent: L. Short; Respondent: D. Roberts; Respondent: R. Phillips; Respondent: J. Osborne; Respondent: W. Davis; Respondent: S. Neal; Respondent: G. Ertterson; Respondent: J. Howard; Respondent: P. Short; Respondent: Whittingslow; Respondent: J. Davis; Respondent: K. March; Respondent: J. Marshall; Respondent: S. Durkin; Respondent: T. Marcovich; Respondent: D. Watkins; Respondent: J. Lynch; Respondent: N. McGregor; Respondent: F. Laurie; Respondent: G. Frankcom
Jurisdiction
Australia
Judgment Date
26 October 1984
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 / Final Judgment and Orders After Hearing
Outcome
Orders granted restraining respondents from prohibiting members from engaging with the Engadine Apex Club and directing them to treat the relevant resolution as void and of no effect.
Legal Topics
Restraint of Trade, Reasonableness of Restraint, Powers of Trade Associations, Rules of Industrial Organisations
Industrial Law Trade and Commerce Restraint of Trade Reasonableness of Restraint Powers of Trade Associations Rules of Industrial Organisations

Case Brief

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Parties

Dennis Keith Lennon

Applicant

D. Davenport

Respondent

L. Short

Respondent

D. Roberts

Respondent

R. Phillips

Respondent

J. Osborne

Respondent

W. Davis

Respondent

S. Neal

Respondent

G. Ertterson

Respondent

J. Howard

Respondent

P. Short

Respondent

Whittingslow

Respondent

J. Davis

Respondent

K. March

Respondent

J. Marshall

Respondent

S. Durkin

Respondent

T. Marcovich

Respondent

D. Watkins

Respondent

J. Lynch

Respondent

N. McGregor

Respondent

F. Laurie

Respondent

G. Frankcom

Respondent

Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 / Final Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether the Showmen's Guild Executive's resolution to ban members from the Engadine Apex Show was beyond power or ultra vires
  2. 2 Whether the resolution constituted an unlawful or unreasonable restraint of trade
  3. 3 Whether the Executive's resolution was made bona fide in the interests of members as a whole

Ratio Decidendi

The resolution purporting to ban members from attending the Engadine Apex Show was not made bona fide for the benefit of members as a whole, but improperly targeted and discriminated against the applicant alone. This was an unreasonable restraint of trade and a misuse of the Committee's power under the Rules and objects of the Guild. Accordingly, the resolution and any action to enforce it are void and of no effect.

Court Disposition

Orders granted restraining respondents from prohibiting members from engaging with the Engadine Apex Club and directing them to treat the relevant resolution as void and of no effect.

Orders

  • The respondents and each of them and their servants and agents be restrained from making any statement or representation to the effect that any member of the Showmen's Guild of Australasia is not entitled to provide amusements at any show conducted by the Engadine Apex Club.
  • The respondents and each of them perform and observe the Rules of the Showmen's Guild of Australasia by treating the resolution passed at the Executive meeting of the Showmen's Guild of Australasia on 6 December 1983 as null, void and of no effect to the extent that it instructs members to refrain from attending any...