Cook, R.A. & Ors v Crawford, V.G. & Ors [1979] FCA 120

r Cy (20114

IN THE FEDERAL COURT OF AUSTRALIA

No.V.23 of 1979

j

NEW SOUTH WALES DISTRICT REGISTRY ) No. 19 of 1979 ) ) No.v.24 of 1979

INDUSTRIAL DIVISTON

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an Application

/ under Section 141 of the said Act

BETWEEN: ROBERT ARTHUR COOK, ULICK COLIN BIGNELL, HAROLD SHOOTER, ROYCE LAWRENCE CUMMINS, K. TYLER and G. WATERS

Claimants

AND: G.CRAWFORD, G.L. SMITH, R.FATRWEATHEF R. HEVEY, T. BOURKE, R. MASTERSON and S. MUTTON and PLUMBERS AND GASFITTERS EMPLOYEES UNION OF AUSTRALIA

Respondents

AND IN THE MATTER of an Application under Section 141 of the said Act BETWEEN: GEORGE ROBERT CRAWFORD

Claimant

AND: R.A. COOK J.S. ARDAY, BRIAN J. PALMER, C.L.H. HASTWELL, J. WORRALL, P.J. MOODY, N.W. CONNOLLY, D. HICKEY BRUCE J. PALMER and B.O'REILLY

Respondents

(V. No.23 of 1979)

AND IN THE MATTER of an Applacation under Section 171C of the Act

BETWEEN: PLUMBERS AND GASFITTERS EMPLOYEES ' UNION OF AUSTRALIA, G. CRAWFORD, G.L. SMITH, R. FAIRWEATHER, R. HEVEY | T. BOURKE and S. MUTTON

Applicants

AND: ROBERT ARTHUR COOK

Respondent

Date: 7 November 1979 PHTLLIP EVATT J. REASOLUS FCE. GUDGMENT

2.

I propose to deliver an oral judgment in the present interim application. I would have preferred more time to compose complete reasons for judgment. Perhaps the lack of eloquence of some of the phraseology will be apparent but I have thought it proper to give judgment as soon as possible and to continue the hearing of the substantive matters in the hope that evidence and submissions will be finalised before the end of the

four week period that has now been set aside therefor.

Presently before the Court are three matters, namely No.19 of 1979, V.23 and V.24 of 1979. Each matter concerns the Plumbers and Gasfitters Employees' Union of Australia (the organ- ization), an organization registered under the Conciliation and Arbitration Act 1904 and in particular the Sydney Branch of the organization and certain officials of that branch. Pursuant to an order of the Court made on 4 September last, the three matters are being heard together. All matters have been listed before the Court on previous occasions for directions and for the hearing of certain other interlocutory applications. The actual hearing of the substantive claims commenced on 4 September 1979 and thereafter on 5,6,7,12,13 and 14 September on which latter date