Troja, F. v Bird, A. & Ors [1986] FCA 278

Troja, F. v Bird, A. & Ors [1986] FCA 278

The $5.00 charge imposed by the resolution of 22 May 1984 was, in reality and in law, a contribution under rule 6 of the Union rules, not a levy under rule 8; as it resulted in a contribution in excess of the maximum permitted, the resolution was invalid.

Parties
Appellant: F. Troja; Respondents: A. Bird and Others
Jurisdiction
Australia
Judgment Date
10 July 1986
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Union Rules, Levy Vs Contribution, Validity of Branch Resolution
Industrial Law Union Rules Levy Vs Contribution Validity of Branch Resolution

Case Brief

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Parties

F. Troja

Appellant

A. Bird and Others

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the branch resolution imposing a $5.00 levy was valid under Union rules
  2. 2 Whether the $5.00 charge was a levy or a contribution under the rules

Ratio Decidendi

The $5.00 charge imposed by the resolution of 22 May 1984 was, in reality and in law, a contribution under rule 6 of the Union rules, not a levy under rule 8; as it resulted in a contribution in excess of the maximum permitted, the resolution was invalid.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The order made on 20 December 1985 be set aside.