High Court of Australia
J OF AUSTRALIA. 509
to the respohdent out of the fund now in question, and H.C. or A. ing him to pay to the appellants their costs of the adverse tbe on between them, aes
"The respondent must pay the costs of the appeal. ate,
Order of Judge in Equity varied accordingly.
Solicitors, for appellants: McDonell & Moffitt. Solicitors, for respondent: Allen, Allen &: Hemsley.
One
(HIGH COURT OF AUSTRALIA.]
THE TROLLY, DRAYMEN AND CARTERS ) UNION OF SYDNEY AND SUBURBS J A"72414NTS: is
THE MASTER CARRIERS ASSOCIATION
OF NEW SOU'TH WALES } Resvoxoesr
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Inlvtrial Arbitration Act (N.S.W.) (No. 59 of 1901), sec. 36 (2) —Preference to H.C. oF A. 'wiousts—Persons offering their labour at the same time—Notice to union of 1906.
labour required—Jurisliction of Court af Arbitration to compel— Prohhit ~ Construction of Statutes. Sypxer, June 13, 14, See, 36 sub-sec. () of the Industrial Arbitration Act (N.8.W.) 1901, provides, "yg"
_ inter alia, that the Court of Arbitration, in its award or by order made on the = _ application of any party to the proceedings before it, may "direct that a8 Grimey 0.7, between members of an industrial union of employés and other persons offering Harton and theit labour at the same time, such members shall be employed in preference
tosuch other persons, other things being equal."
'The Court of Arbitration, in an industrial dispute between the appellantand
'ssponlent unions, made an award by which preference was ordered to be given
40 members of the appellant union on compliance with certain conditions as
H.C. or A. 1905.
'ap CARTERS Ustox oF Sypvey axp SupuRns
'Var Master CARRIERS
_ Arrest. from a decision of the Supreme Court of New Sim * Wales.
HIGH COURT
to the admission of members, and embodied in the order for p direction that any member of the respondent union requting labour whenever reasonably practicable having regard to existing exigens, the secretary of the appellant union of the labour required, Held, that the Court had no jurisdiction to make the directions toma
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