Devane v Gati [1956] HCA 46

Devane v Gati [1956] HCA 46

It was competent for the Court of Conciliation and Arbitration to proceed against the firm by name, and such proceedings sufficed to bind the partners, allowing them to be prosecuted individually for breaches of awards binding on the firm.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment After Appeal
Outcome
appeal allowed; order of dismissal set aside; informations remitted for rehearing
Legal Topics
['enforcement of Awards' 'partnership Liability' 'proceedings in Partnership Name']
['industrial Law'] ['enforcement of Awards' 'partnership Liability' 'proceedings in Partnership Name']

Case Brief

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Procedural Posture

Appeal / Judgment After Appeal

Legal Issues

  1. 1 ['Whether individual partners may be prosecuted when only the firm is named in an industrial award' 'Whether proceedings can be brought against partners for breaches by a firm under the Conciliation and Arbitration Act']

Ratio Decidendi

It was competent for the Court of Conciliation and Arbitration to proceed against the firm by name, and such proceedings sufficed to bind the partners, allowing them to be prosecuted individually for breaches of awards binding on the firm.

Court Disposition

appeal allowed; order of dismissal set aside; informations remitted for rehearing

Orders

  • ['Appeal allowed with costs against the defendants respondents.' 'Order of the court of petty sessions set aside.' 'Informations remitted to the court of petty sessions for rehearing.' 'Costs of the former hearing to abide the order of the court of petty sessions disposing of the informations.']