Prichard, Michael Anthony v Krantz, Harry David & Ors [1984] FCA 326

Prichard, Michael Anthony v Krantz, Harry David & Ors [1984] FCA 326

There was no evidence justifying a finding that the removal of the appellant from union membership was motivated by bad faith, bias, or a denial of natural justice. Rule 11 of the union's constitution, as operated in this case, did not offend s.140(1) of the Conciliation and Arbitration Act 1904 as oppressive, unreasonable, or unjust, having regard to the object of the Act and the purposes of registration of organizations. The appeal fails on all grounds.

Parties
Appellant: Michael Anthony Prichard; Respondents: Harry David Krantz & Ors
Jurisdiction
Australia
Judgment Date
07 September 1984
Procedural Posture
Appeal / Ex Tempore Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Union Membership, Natural Justice, Bias, Interpretation of Union Rules, Expulsion of Union Members
Industrial Law Union Membership Natural Justice Bias Interpretation of Union Rules Expulsion of Union Members

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Anthony Prichard

Appellant

Harry David Krantz & Ors

Respondents

Procedural Posture

Appeal / Ex Tempore Judgment on Appeal

Legal Issues

  1. 1 Whether the removal of the appellant from union membership was unlawful due to lack of natural justice or bad faith
  2. 2 Whether the relevant union rules (particularly rule 11) offend s.140(1) of the Conciliation and Arbitration Act 1904 as oppressive, unreasonable or unjust
  3. 3 Whether the decisions of the union executive and the findings of the trial judge were affected by bias or bad faith

Ratio Decidendi

There was no evidence justifying a finding that the removal of the appellant from union membership was motivated by bad faith, bias, or a denial of natural justice. Rule 11 of the union's constitution, as operated in this case, did not offend s.140(1) of the Conciliation and Arbitration Act 1904 as oppressive, unreasonable, or unjust, having regard to the object of the Act and the purposes of registration of organizations. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs, having regard to the existence of a substantial legal issue concerning the validity of rule 11(a)(3)