Lynch, Alice Rose v Howard, W.J. & Ors [1979] FCA 135

Lynch, Alice Rose v Howard, W.J. & Ors [1979] FCA 135

The applicant's husband was not elected because he did not receive a majority of votes of all members present and voting as required by the rules; Rule 4(c) is not oppressive, unreasonable or unjust within the meaning of s.140 of the Act.

Parties
Claimant: Alice Rose Lynch; Respondent: W.J. Howard; Respondent: A. Barton; Respondent: J. Marshall; Respondent: J. Osborne; Respondent: K. March; Respondent: N. McGregor; Respondent: E. Johnson; Respondent: D. Watkins; Respondent: F. Laurie; Respondent: D. Wittingslow; Respondent: W. Nock; Respondent: W. Spicer; Respondent: L.J. Osborne; Respondent: A. Foster; Respondent: F. Foster; Respondent: R. Small; Respondent: E. Trevors; Respondent: B. Renet; Respondent: A. Bowden; Respondent: L.J. Short; Respondent: The Showmen's Guild of Australasia
Jurisdiction
Australia
Judgment Date
13 December 1979
Procedural Posture
Application Under Statute / Final Judgment
Outcome
Application dismissed
Legal Topics
Membership of Organisations, Interpretation of Rules, Oppressiveness of Rules
Industrial Law Membership of Organisations Interpretation of Rules Oppressiveness of Rules

Case Brief

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Parties

Alice Rose Lynch

Claimant

W.J. Howard

Respondent

A. Barton

Respondent

J. Marshall

Respondent

J. Osborne

Respondent

K. March

Respondent

N. McGregor

Respondent

E. Johnson

Respondent

D. Watkins

Respondent

F. Laurie

Respondent

D. Wittingslow

Respondent

W. Nock

Respondent

W. Spicer

Respondent

L.J. Osborne

Respondent

A. Foster

Respondent

F. Foster

Respondent

R. Small

Respondent

E. Trevors

Respondent

B. Renet

Respondent

A. Bowden

Respondent

L.J. Short

Respondent

The Showmen's Guild of Australasia

Respondent

Procedural Posture

Application Under Statute / Final Judgment

Legal Issues

  1. 1 Whether candidate (Mr. Lynch) was validly elected to membership of the Guild under Rule 4
  2. 2 Whether Rule 4(c) of the Guild is oppressive, unreasonable or unjust under s.140 of the Conciliation and Arbitration Act, 1904

Ratio Decidendi

The applicant's husband was not elected because he did not receive a majority of votes of all members present and voting as required by the rules; Rule 4(c) is not oppressive, unreasonable or unjust within the meaning of s.140 of the Act.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.