Holden, David v. Richardson, G. & Ors [1978] FCA 58

Holden, David v. Richardson, G. & Ors [1978] FCA 58

Applicant was not appointed as an officer within the meaning of rule 4, lacked autonomy and authority to act for the association, and thus was not entitled to membership nor to bring proceedings under the Act.

Parties
Claimant: David Holden; Respondent: Gordon Richardson; Respondent: Frank Scotti; Respondent: Len Spencer; Respondent: Adrian Walsh; Respondent: Roy Smith; Respondent: Graham Hobbs; Respondent: Les Wilson; Respondent: Frank Lipscombe
Jurisdiction
Australia
Judgment Date
21 July 1978
Procedural Posture
Application Under Conciliation and Arbitration Act 1904 S.141 / Reasoned Judgment on Preliminary Objection
Outcome
Preliminary objection upheld; applicant not entitled to bring proceedings; order nisi discharged.
Legal Topics
Union Eligibility Interpretation, Definition of Officer in Union Rules
Industrial Law Union Eligibility Interpretation Definition of Officer in Union Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

David Holden

Claimant

Gordon Richardson

Respondent

Frank Scotti

Respondent

Len Spencer

Respondent

Adrian Walsh

Respondent

Roy Smith

Respondent

Graham Hobbs

Respondent

Les Wilson

Respondent

Frank Lipscombe

Respondent

Procedural Posture

Application Under Conciliation and Arbitration Act 1904 S.141 / Reasoned Judgment on Preliminary Objection

Legal Issues

  1. 1 Whether applicant is an officer under rule 4 of the association's rules and thereby eligible for membership and to bring proceedings

Ratio Decidendi

Applicant was not appointed as an officer within the meaning of rule 4, lacked autonomy and authority to act for the association, and thus was not entitled to membership nor to bring proceedings under the Act.

Court Disposition

Preliminary objection upheld; applicant not entitled to bring proceedings; order nisi discharged.

Orders

  • Order nisi discharged