Campbell v Gorman [1977] FCA 97

«

IN THE AUSTRALIAN

aad 5 ani oe sti IVa ype

) ) B No. 35 of 1976

INDUSTRIAL COURT )

In the matter of -

THE CONCILIATION AND ARBITRATION

ACT 190 BETWEEN:

ROSS JOHNSON CAMPBELL Claimant

- and -

JOHN GORMAN and OTHERS

Respondent Sydney, Coram: Dunphy, A.C.d. Tuesday, 13th December, 1977 Evatt, J. St. John, J.

ORDER OF THE COURT:

This Court doth Order that the nine firstnamed Respondents and each of them treat and continue to treat as a nullity all proceedings which took place at Room 68, Trades Hall, Goulburn Street, Sydney at or about 2.50 p.m. on 3 March 1976 in relation to charges laid against the claimant under Rule 37 of the Rules of the Federated Marine Stewards and

Pantrymen's Association of Australasia.

IN THE AUSTRALIAN

B No. 35 of 1976

INDUSTRIAL COURT

In the matter of -

THE CONCILIATION AND ARBITRATION ACT 190

BETWEEN:

ROSS JOHNSON CAMPBELL

Claimant

JOHN GORMAN and OTHERS

Respondent Sydney, Coram: Dunphy, A.C.d. Tuesday, 13th December, 1977 Evatt, J. St. John, J.

REASONS FOR JUDGEMENT

Ross Johnson Campbell (the claimant) has made application pursuant to Section 141 of the Conciliation and Arbitration

Act 1904 for, inter alia an order against the 9 firstnamed

respondents in the following terms:-

" That the nine firstnamed Respondents

4,

and each of them treat and continue to

treat as a nullity all proceedings which took place at Room 68, Trades Hall, Goulburn Street, Sydney at or about 2.50 p.m. on

3 March 1976 in relation to charges laid against the claimant under Rule 57 of the Rules of the Federated Marine Stewards and

Pantrymen's Association of Australasia." Other orders sought originally are no longer sought.

The Federal Council of the organisation referred to in the order sought at its meeting on 3 March, 1976 purported to suspend the claimant from membership in circumstances which the claimant alleges manifest a denial of natural justice and a lack of power in the Federal Council.