Australian Timber Workers' Union Claimant; and John Sharp and Sons Limited [1919] HCA 38

302 HIGH COURT

1919.

must, if you can, ascertain what is the meaning of the insti Geurrox taken as a whole in order to give effect, if it be possible to do Eupen's © the intention of the framer of it. But it appears to me to a ae arguing in a vicious circle to begin by assuming an intention apar Execuror from the language of the instrument itself, and having made th

Bone: fallacious assumption to bend the language in favour of the assump Gavan Dufy J- tion so made." I agree with Gordon J. in the answers which he gives to questi

1 and 2, and I agree with him in thinking that in the circumstances

it is premature to deal with the other questions asked in the si

mons. In my opinion his order was right and should be restored.

Appeal dismissed with costs,

Solicitors, Shierlaw & Jessop, Adelaide. ; BL,

{HIGH COURT OF AUSTRALIA.)

THE AUSTRALIAN TIMBER WORKERS'), i UNIONS: sve Stan ae 7

AND

JOHN SHARP & SONS LIMITED AND OTHERS ResponpEnts

H.C. or A, Industrial Arbitration—Dispute, proof of existence of —Dispute between organizalio 1919. of employees and employers—No members of organization employed by respo 2) employers—Probable dispute—Commonwealth Conciliation and Arbitration Act

MELBOURNE, 1904-1915 (No. 13 of 1904—No. 35 of 1915), sees. 4, 2144. aie fen As between an organization of employees and an employer who em

aceite persons doing the same hind of work as is done by members of the organization Higgins J. although no members of the organization are employed by that employ*t, an "industrial dispute" may exist or, if members of the organization will

In CHAMBERS. probably apply to the employer for employment, may be probable.

Australian Workers' Union v. Pastoralists' Federal Council, 23 C.L.R., followed.

OLR.) OF AUSTRALIA. 303

_ Summons. H.C. or A. The Australian Timber Workers' Union, an organization registered beh under the Commonwealth Conciliation and Arbitration Act 1904-1915, Avsrrarsan