Curran, W.J. v Comwalls (Wholesale) Meat Co. Pty Ltd [1988] FCA 324

QUDGH DB2F Swass

CATCHWORDS

INDUSTRIAL LAW - alleged dismissal of delegate - information for offence - defendant calling no evidence - whether onus of proof on defendant discharged where a slender possibility

that alleged dismissal was actuated by a reason forbidden by

section.

Conciliation and Arbitration Act 1904 s. 5(1)(a), (d) and (£)

and s. 5(4)

General Motors Holden Pty. Ltd. v Bowling (1976) 12 ALR 605

at 612

CURRAN v CORNWALL'S (WHOLESALE) MEAT COMPANY PTY. LTD.

VI 3 OF 1988

KEELY J. 27 JUNE, 1988 MELBOURNE 04 JUL 1983

FEDERAL cou AUSTRALIA OF

PAINCIPA! AaGiaIAy

IN THE FEDERAL COURT OF AUSTRALIA No. VI 3 of 1988 VICTORIA DISTRICT REGISTRY

wee ww

INDUSTRIAL DIVISION

BETWEEN: WALTER JAMES CURRAN Prosecutor AND:

CORNWALL'S (WHOLESALE) MEAT COMPANY PTY. LTD.

Defendant

MINUTES OF ORDER CORAM: Keely J. PLACE: Melbourne DATE: 27 June, 1988 THE COURT ORDERS THAT: 1. The information be dismissed. 2. There be no order as to costs. 3. The exhibits be returned to the prosecutor. (NOTE: Settlement and entry of orders is dealt with in 0.36 of

the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA) )

No. VI 3 of 1988 )

VICTORIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN: WALTER JAMES CURRAN Prosecutor AND:

CORNWALL'S (WHOLESALE) MEAT COMPANY PTY. LTD.

Defendant

27 JUNE, 1988 KEELY J. REASONS FOR JUDGMENT (DELIVERED EX TEMPORE — REVISED FROM TRANSCRIPT)

I am satisfied, on the evidence before the Court, that the action of the defendant alleged in the charge, namely the dismissal of Mr. John Tye on or about 24 February 1987, assuming that it occurred, was not actuated by any of the reasons alleged in the information, laid by the prosecutor on 23 February 1988. I have reached that conclusion on the balance of probabilities, which 1s the appropriate standard

of proof - see Gibbs J. in General Motors Holden Pty. Ltd. v