Park, Leslie Alan Semple v Henderson, Thomas Horatio [1983] FCA 228

Park, Leslie Alan Semple v Henderson, Thomas Horatio [1983] FCA 228

For the reasons given in the related matter (No. W.A. 9 of 1983), the prosecution failed to prove beyond reasonable doubt that the defendant did not comply with the court order, and therefore the information is dismissed.

Parties
Prosecutor: Leslie Alan Semple Park; Defendant: Thomas Horatio Henderson
Jurisdiction
Australia
Judgment Date
02 September 1983
Procedural Posture
Criminal Information/prosecution / Final Judgment
Outcome
information dismissed
Legal Topics
Failure to Comply With Court Order, Registered Organisation Rules, Suspension and Dismissal of Organisers, Standard of Proof in Contempt Proceedings
Industrial Law Failure to Comply With Court Order Registered Organisation Rules Suspension and Dismissal of Organisers Standard of Proof in Contempt Proceedings

Case Brief

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Parties

Leslie Alan Semple Park

Prosecutor

Thomas Horatio Henderson

Defendant

Procedural Posture

Criminal Information/prosecution / Final Judgment

Legal Issues

  1. 1 Whether the defendant failed to comply with orders of the Federal Court to perform and observe the rules of the registered organisation by treating as null and void the purported suspension and dismissal of the prosecutor from the position of organiser

Ratio Decidendi

For the reasons given in the related matter (No. W.A. 9 of 1983), the prosecution failed to prove beyond reasonable doubt that the defendant did not comply with the court order, and therefore the information is dismissed.

Court Disposition

information dismissed

Orders

  • The information be dismissed.