Hill, Richard William v Ophel, Kenneth [1977] FCA 89

Hill, Richard William v Ophel, Kenneth [1977] FCA 89

There was no evidence that respondents had any unperformed obligation under the association rules, as the governing body did not authorise payment and required actions had been performed.

Parties
Claimant: Richard William Hill; Respondent: Kenneth Ophel
Jurisdiction
Australia
Judgment Date
13 October 1977
Procedural Posture
Order / Final
Outcome
Rule nisi discharged
Legal Topics
Obligations Under Association Rules, Payment Authorisation by Governing Bodies
Industrial Law Obligations Under Association Rules Payment Authorisation by Governing Bodies

Case Brief

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Parties

Richard William Hill

Claimant

Kenneth Ophel

Respondent

Procedural Posture

Order / Final

Legal Issues

  1. 1 Whether respondents failed to perform or observe association rules
  2. 2 Whether president and secretary had an obligation to pay liability

Ratio Decidendi

There was no evidence that respondents had any unperformed obligation under the association rules, as the governing body did not authorise payment and required actions had been performed.

Court Disposition

Rule nisi discharged

Orders

  • Rule nisi herein be discharged