Prichard, Michael Anthony v Krantz, Harry David & Anor [1983] FCA 293

Prichard, Michael Anthony v Krantz, Harry David & Anor [1983] FCA 293

As of 29 July 1983, the appellant was a member of the Union, the respondents failed to observe union rules in refusing to recognize his membership and accept dues, thus the rule nisi should have been made absolute and the orders sought granted.

Parties
Applicant: Michael Anthony Prichard; Respondent: Harry David Krantz; Respondent: Leslie Richard Haseldine
Jurisdiction
Australia
Judgment Date
21 October 1983
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Union Membership, Compliance With Union Rules, Acceptance of Union Dues
Industrial Law Union Membership Compliance With Union Rules Acceptance of Union Dues

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Anthony Prichard

Applicant

Harry David Krantz

Respondent

Leslie Richard Haseldine

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant was a member of the Federated Clerks' Union of Australia as at 29 July 1983
  2. 2 Whether the respondents failed to perform and observe the rules of the Union with respect to the appellant's membership

Ratio Decidendi

As of 29 July 1983, the appellant was a member of the Union, the respondents failed to observe union rules in refusing to recognize his membership and accept dues, thus the rule nisi should have been made absolute and the orders sought granted.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Order made on 29 July 1983 discharging the rule nisi set aside.