Dickason v Edwards [1910] HCA 7

Refi to Al ws a (im ee a Se Nn

XLR Poptall Cus fon ey Marker deans fen fg Beer Brn alia 10 OLR.J OF AUSTRALIA. 243

(HIGH COURT OF AUSTRALIA.]

DICKASON . E é 2 : 3 : APPELLANT ; PLAINTIFF, AND EDWARDS AND OTHERS . é is . RESPONDENTS. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Friendly Society—Domestic tribunal —Disqualification—Personal interest—Nemo H. C. or A.

debet esse judex in proprid sud causd--Interpretation of rules—Expulsion of 1910. member—Friendly Societies Act 1890 (Vict.) (No. 1094), sec. 20. ~ MeLnourye,

Where by the rules of a friendly society formed under the Friendly Societies irayoh 21, 29 Act 1890 (Vict.), it was provided that should a member be adjudged by a 23, 24. tribunal of the society guilty of conduct calculated to bring disgrace on the __ society he should be expelled, in order to justify expulsion the conduct of Griftth.C: which the member is found guilty must be such as may reasonably be '*aes J. regarded as likely to have that result.

Where the rules of a friendly society so formed provide for the constitution of a judicial tribunal to adjudicate upon charges against members, in order to exclude the principle that a man must not be a judge in his own cause an intention to exclude it must appear in the rules either expressly or by necessary implication.

By the rules it was provided that the District Chief Ranger, who was the head of the society, ''shall preside at" certain meetings, including those of a certain judicial tribunai constituted by the rules :

Held, that this rule did not require or permit the District Chief Ranger to preside, even formally, on the tribunal on the hearing of a charge against a member in which the District Chief Ranger was in the position of a person complaining of an offence against himself personally.

H. ©, or A.