Trivett v McDonald [1919] HCA 7

Trivett v McDonald [1919] HCA 7

Proceedings under sec. 13 of the Trade Union Act 1881 (N.S.W.) are of a criminal nature, and without proof of fraud or criminality, trustees cannot be ordered to repay money applied for purposes other than those prescribed by union rules.

Parties
Appellant: Trivett; Appellant: Another (Registrar of Trade Unions); Respondent: McDonald; Respondent: Another (H. Leighton)
Jurisdiction
Australia
Judgment Date
11 April 1919
Procedural Posture
Appeal / High Court of Australia, on Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
Trade Unions, Misapplication of Union Funds, Jurisdiction, Summary Proceedings
Labour Law Criminal Law Statutory Interpretation Trade Unions Misapplication of Union Funds Jurisdiction Summary Proceedings

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Parties

Trivett

Appellant

Another (Registrar of Trade Unions)

Appellant

McDonald

Respondent

Another (H. Leighton)

Respondent

Procedural Posture

Appeal / High Court of Australia, on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether proceedings under sec. 13 of the Trade Union Act 1881 (N.S.W.) are of a criminal or civil nature
  2. 2 Whether trustees can be ordered to repay improperly applied funds in absence of fraud or criminal intention

Ratio Decidendi

Proceedings under sec. 13 of the Trade Union Act 1881 (N.S.W.) are of a criminal nature, and without proof of fraud or criminality, trustees cannot be ordered to repay money applied for purposes other than those prescribed by union rules.

Court Disposition

Appeal dismissed with costs.