Dugmore, John v J.G. Porter & Sons [1982] FCA 181

Dugmore, John v J.G. Porter & Sons [1982] FCA 181

It would be unsafe to determine the issues of law or fact at this interlocutory stage. There are factual questions that should be developed at trial. Accordingly, the respondents' motion for separate questions and summary dismissal is dismissed in exercise of the Court's discretion.

Parties
Applicant: JOHN DUGMORE; Respondents: J.G. PORTER & ORS.
Jurisdiction
Australia
Judgment Date
16 August 1982
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 / Interlocutory Ruling on Respondents' Motion for Separate Questions and Summary Dismissal
Outcome
Respondents' motion dismissed; proceedings to continue to trial
Legal Topics
Union Rules, Implied Terms in Rules, Court Powers Under S.141 Conciliation and Arbitration Act 1904, Restraining Union Practices, Pleas of Ultra Vires
Industrial Law Union Rules Implied Terms in Rules Court Powers Under S.141 Conciliation and Arbitration Act 1904 Restraining Union Practices Pleas of Ultra Vires

Case Brief

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Parties

JOHN DUGMORE

Applicant

J.G. PORTER & ORS.

Respondents

Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 / Interlocutory Ruling on Respondents' Motion for Separate Questions and Summary Dismissal

Legal Issues

  1. 1 Whether the points of claim and particulars disclose a reasonable cause of action under s.141
  2. 2 Whether there is an implied rule in the union's rules as alleged
  3. 3 Whether the Court has jurisdiction to grant relief absent an express or implied rule

Ratio Decidendi

It would be unsafe to determine the issues of law or fact at this interlocutory stage. There are factual questions that should be developed at trial. Accordingly, the respondents' motion for separate questions and summary dismissal is dismissed in exercise of the Court's discretion.

Court Disposition

Respondents' motion dismissed; proceedings to continue to trial

Orders

  • Respondents' notice of motion dated 17 June 1982 for final orders dismissed