Re Evatt; Ex p Master Builders' Association (NSW) Wales [No 2] [1974] HCA 56

Re Evatt; Ex p Master Builders' Association (NSW) Wales [No 2] [1974] HCA 56

The leave granted was properly construed as leave to the individual builders' labourers who were members of the B.L.F. on 2nd July 1974 and remained members, not to the deregistered association as such. It could be inferred that the deputy president formed the opinion required by s. 36(2), and the order was procedural, regulating proceedings already within the Commission's jurisdiction. Any error was within jurisdiction, and the M.B.A. had not been denied natural justice because it was fully heard on the original application and the amended leave was not so different as to require a further hearing.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Return of Order Nisi
Outcome
Order nisi discharged. Prosecutor to pay the respondent's costs.
Legal Topics
['australian Conciliation and Arbitration Commission' 'intervention in Commission Proceedings' 'jurisdictional Error' 'prohibition' 'natural Justice']
['industrial Law' 'administrative Law'] ['australian Conciliation and Arbitration Commission' 'intervention in Commission Proceedings' 'jurisdictional Error' 'prohibition' 'natural Justice']

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Procedural Posture

Application for Prohibition / Return of Order Nisi

Legal Issues

  1. 1 ["Whether the deputy president exceeded jurisdiction by granting leave to intervene to an aggregation of persons comprising B.L.F. members after the B.L.F.'s registration had been cancelled." 'Whether the condition in s. 36(2) of the Conciliation and Arbitration Act 1904-1973 Cth that the Commission be of opinion that it is desirable that a person or organization should be heard was satisfied.' 'Whether leave to intervene was invalid because the leave granted differed from the application made and the M.B.A. was not given a further opportunity to be heard.']

Ratio Decidendi

The leave granted was properly construed as leave to the individual builders' labourers who were members of the B.L.F. on 2nd July 1974 and remained members, not to the deregistered association as such. It could be inferred that the deputy president formed the opinion required by s. 36(2), and the order was procedural, regulating proceedings already within the Commission's jurisdiction. Any error was within jurisdiction, and the M.B.A. had not been denied natural justice because it was fully heard on the original application and the amended leave was not so different as to require a further hearing.

Court Disposition

Order nisi discharged. Prosecutor to pay the respondent's costs.

Orders

  • ['Order nisi discharged.' "Prosecutor to pay the respondent's costs."]