Jess, Michael Patrick v Scott, R.T. & Ors [1986] FCA 287

Jess, Michael Patrick v Scott, R.T. & Ors [1986] FCA 287

The applicant failed to prove that any of the subject publications (National Newsletters and 'Metal Worker') were published or distributed with the substantial purpose of supporting or opposing particular candidates in the union elections; expenditure was not shown to be for improper purpose and no breach of union rules was demonstrated. Therefore, no order for repayment or rectification was justified against the respondents.

Parties
Applicant: Michael Patrick Jess; Respondent: R T Scott; Respondent: G Kidd; Respondent: Carmichael; Respondent: Campbell; Respondent: A Bruggy; Respondent: Martin; Respondent: Lipscombe; Respondent: Maurice; Respondent: A Beer; Respondent: R Arscott; Respondent: McGowan; Respondent: B Hawkes; Respondent: Harrison; Respondent: M Adamson; Respondent: Malcolm; Respondent: Johnson; Respondent: F Halfpenny; Respondent: O'Neill; Respondent: Pointer; Respondent: Tumbers; Respondent: Bastow; Respondent: J Marks; Respondent: R Burns; Respondent: A Vaughan; Respondent: K Hill; Respondent: J Woods; Respondent: Amalgamated Metals Foundry & Shipwrights' Union
Jurisdiction
Australia
Judgment Date
23 July 1986
Procedural Posture
Application / Judgment After Trial
Outcome
Application dismissed in both matters. Applicant ordered to pay respondents' costs in matter NSW 9 of 1984.
Legal Topics
Union Elections, Use of Union Funds, Personal Liability of Officers, Contravention of Union Rules, Costs in Industrial Law Proceedings
Industrial Law Union Elections Use of Union Funds Personal Liability of Officers Contravention of Union Rules Costs in Industrial Law Proceedings

Case Brief

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Parties

Michael Patrick Jess

Applicant

R T Scott

Respondent

G Kidd

Respondent

Carmichael

Respondent

Campbell

Respondent

A Bruggy

Respondent

Martin

Respondent

Lipscombe

Respondent

Maurice

Respondent

A Beer

Respondent

R Arscott

Respondent

McGowan

Respondent

B Hawkes

Respondent

Harrison

Respondent

M Adamson

Respondent

Malcolm

Respondent

Johnson

Respondent

F Halfpenny

Respondent

O'Neill

Respondent

Pointer

Respondent

Tumbers

Respondent

Bastow

Respondent

J Marks

Respondent

R Burns

Respondent

A Vaughan

Respondent

K Hill

Respondent

J Woods

Respondent

Amalgamated Metals Foundry & Shipwrights' Union

Respondent

Procedural Posture

Application / Judgment After Trial

Legal Issues

  1. 1 Whether publication of documents during union election contravened rules of union
  2. 2 Whether individual officers are personally liable for expenditure incurred in contravention of union rules

Ratio Decidendi

The applicant failed to prove that any of the subject publications (National Newsletters and 'Metal Worker') were published or distributed with the substantial purpose of supporting or opposing particular candidates in the union elections; expenditure was not shown to be for improper purpose and no breach of union rules was demonstrated. Therefore, no order for repayment or rectification was justified against the respondents.

Court Disposition

Application dismissed in both matters. Applicant ordered to pay respondents' costs in matter NSW 9 of 1984.

Orders

  • The Application be dismissed (NSW 1 of 1984).
  • The Application be dismissed (NSW 9 of 1984).