Trivett v McDonald [1919] HCA 7

HIGH COURT

(HIGH COURT OF AUSTRALIA.] TRIVETT AND ANOTHER . 0. 0 2) 2 AP AND McDONALD AND ANOTHER . - . . RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Trade Union—Trustees of wnion—Misapplication of union funds—Proceedings by

1919. ee Sypney April 11.

Griffith O., Barton

and Rich JJ.

Registrar—No fraud or criminality charged—Civil or criminal remedy—Juris- diction to order repayment—Trade Union Act 1881 (N.8.W.) (45 Vict. No. 12), sec. 13.

Sec. 13 of the Trade Union Act 1881 (N.S.W.) provides that "If any officer of a trade,union . . . by false representation or imposition obtain possession of any moneys . . . of such trade union or having the same in his possession wilfully withhold or fraudulently misapply the same or wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such trade union . . . the Court of summary jurisdiction . . . upon a complaint made by any person on behalf of such trade union or by the Registrar may by summary order order such officer . . . to deliver up all such moneys . . . to the trade union or to repay the amount of money applied improperly . . . and in default of . . . repayment of such amount of money the said Court may order the said person so convicted to be imprisoned with or without hard labour for any time not exceeding three months."

Held, that proceedings under the section are of a criminal nature, and there- fore that trustees of a trade union who were proceeded against under the section could not, in the absence of fraud or criminal intention, be ordered to repay money which had been applied by them to purposes other than those expressed or directed in the rules of the union.

Decision of the Supreme Court of New South Wales: Hx parte McDonald, 18 S.R. (N.S.W.), 383, affirmed.