Roughan, Patrick John v Coulson, Maxwell Roy & Ors [1983] FCA 337

Roughan, Patrick John v Coulson, Maxwell Roy & Ors [1983] FCA 337

Different conclusions on the construction of the Federal Rules could be reasonably held, so proceedings were not instituted without reasonable cause; no costs order to be made.

Parties
Applicant: Patrick John Roughan; Respondent: Maxwell Roy Coulson; Respondent: Rex Small; Respondent: Allan Adamthwaite; Respondent: Robert Garrett; Respondent: John Rudder; Respondent: Murray Bennett; Respondent: Neville Proud; Respondent: Barry Cole; Respondent: James Bennett; Respondent: Joan Watson; Respondent: Lorraine Edwards; Respondent: Graham Shaw; Respondent: Joseph Vitullo; Respondent: Kathie Evans; Respondent: Leslie Parsons; Respondent: The Australasian Meat Industry Employees' Union
Jurisdiction
Australia
Judgment Date
24 November 1983
Procedural Posture
Application Under Conciliation and Arbitration Act 1904 / Post Judgment Costs Application
Outcome
No order as to costs; previous costs order set aside.
Legal Topics
Union Powers, Costs in Industrial Proceedings
Industrial Law Union Powers Costs in Industrial Proceedings

Case Brief

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Parties

Patrick John Roughan

Applicant

Maxwell Roy Coulson

Respondent

Rex Small

Respondent

Allan Adamthwaite

Respondent

Robert Garrett

Respondent

John Rudder

Respondent

Murray Bennett

Respondent

Neville Proud

Respondent

Barry Cole

Respondent

James Bennett

Respondent

Joan Watson

Respondent

Lorraine Edwards

Respondent

Graham Shaw

Respondent

Joseph Vitullo

Respondent

Kathie Evans

Respondent

Leslie Parsons

Respondent

The Australasian Meat Industry Employees' Union

Respondent

Procedural Posture

Application Under Conciliation and Arbitration Act 1904 / Post Judgment Costs Application

Legal Issues

  1. 1 Power of the Committee of Management to employ a temporary relief organiser
  2. 2 Validity of Federal Rules of the Union authorising such employment
  3. 3 Bona fides of the Committee in resolving to employ Mr. Bennett

Ratio Decidendi

Different conclusions on the construction of the Federal Rules could be reasonably held, so proceedings were not instituted without reasonable cause; no costs order to be made.

Court Disposition

No order as to costs; previous costs order set aside.

Orders

  • Paragraph 2 of the order made herein on 31 October 1983 be set aside.
  • There be no order as to the costs of the proceedings commenced by rule to show cause granted to the applicant on 10 August 1983.