Devane v Gati [1956] HCA 46

A Hit APL se Foll Executive

Council bik Jeary uly Jevwry v Scully 199) 160 Fee ee R138 CR 537 174 HIGH COURT (1956. [HIGH COURT OF AUSTRALIA.] DEVANE . ' : F qi 3 3 . APPELLANT; INFORMANT, AND GATI AND ANOTHER 3 j 5 F . RESPONDENTS. DEFENDANTS, 9

ON APPEAL FROM THE CHIEF INDUSTRIAL MAGISTRATE AT SYDNEY.

H.C. or A. Industrial Arbitration (Cth.)\—Award—Binding on partnership—Bound in firm

1956. Ww

Sypyey, Aug. 17.

Dixon C.J., ar and Taylor JJ.

name—Breach of award—Prosecutions against partners in firm—Partners named individually in information—Regularity of prosecution—Clothing Trades Award 1950—Conciliation and Arbitration Act 1904-1952 (No. 13 of 1904— No. 34 of 1952), s. 59.

The rule of the common law that for the purpose of writs and proceedings in the ordinary courts of justice the parties must be named as individual persons does not govern the industrial proceedings of the Court of Conciliation and Arbitration. It is quite competent for that court or a conciliation com- missioner in making an award to deal in the firm name with a partnership carrying on business in the firm name. In a proceeding in a State Court of Petty Sessions for breach of the award it is proper to name as defendants the individuals forming the partnership.

Decision of the Chief Industrial Magistrate, at Sydney, reversed.

Apprat from the Chief Industrial Magistrate at Sydney, New South Wales.

On 20th June 1955 Thomas Patrick Devane laid six informations under s. 59 of the Conciliation and Arbitration Act 1904-1952 against Albert Gati and Thomas Sebastian trading as Gaty Clothing Co. of

No.

112 King Street, Newtown near Sydney, New South Wales,

alleging various breaches by the defendants of the Clothing Trades Award 1950. Such award was binding upon a large number of persons named in the schedule thereto, included amongst whom was " Gaty Clothing Co., 112 King Street, Newtown ".