Prichard, Michael Anthony v Krantz, Harry David & Ors [1984] FCA 326

e—

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SAG No. 8 of 1983

EX TEMPORE JUDGMENT

) ) ) ) INDUSTRIAL DIVISION ) ) ) ) )

REVISED FROM TRANSCRIPT

Coram:

7 September 1984

BETWEEN : MICHAEL ANTHONY PRICHARD

(Appellant)

& ORS

(Respondents)

Smithers ACJ, Keely and Gray JJ.

REASONS FOR JUDG

Smithers ACJ.: In this matter we have found it unnecessary to

call upon counsel for the respondents. I make the following comments on my own behalf. This is an appeal from a decision of his Honour Mr. Justice Northrop dismissing an application for an order under section 141 of the Conciliation and Arbitration Act 1904 that the respondents observe the rules of the organization of the Federated Clerks - Union of Australia by recognizing and treating the applicant as a member of the organization and directing the respondents to treat the decision of

the South Australian State branch executive of 1 August

HARRY DAVID KRANTZ

1983 purportedly purging the applicant's, now the appellant's, name from the register of members as void

and of no legal effect.

According to the notice of appeal, the appellant

contends that his Honour erred:

1. in finding that the witness Krantz was a

witness of truth;

2. in refraining from making a finding that the respondent Krantz acted in bad faith in relation to the matter concerning the removal of the appellant's name from the register of members of the organization in July and August 1983 in relation to the proceedings which culminated in the removal of the name of the appellant from the

register of members.

3. in refraining from finding that:

(a) the appellant was denied natural justice in relation to the proceedings which culminated in the removal of the name of the appellant from the register of

members;

3.

(b) that Krantz was activated by bias against the -appellant and- was