Bourne v Campbell

[1999] FCA 1522

FEDERAL COURT OF AUSTRALIA

Bourne v Campbell [1999] FCA 1522

INDUSTRIAL LAW – inquiry into alleged irregularities in the election of the president of the New South Wales Branch of the Australian Hotels Association – whether threat by Chief Executive Officer to resign upon re-election of applicant prevented or hindered the full and free recording of votes by certain delegates – whether actions of Chief Executive Officer to advise voting delegates of his intention to resign was without any lawful authority or excuse

Workplace Relations Act 1996 (Cth), ss 4(1), 218, 219, 222, 223, 315(2)

Smith v Oldham [1912] 15 CLR 355, referred to
Evan v Crichton-Brown [1981] 147 CLR 169, referred to
The Queen v Gray; ex parte Marsh [1985] 157 CLR 351, applied
Re Collins; ex parte Hockings [1989] 167 CLR 522, applied
Re Davidson [1990-] 22 FCR 449, referred to
Re Ivory [1993] 41 FCR 267, referred to
Re Bailey; Re Transport Workers Union of Australia (Vic Branch) [1997] 79 IR 1, referred to

ROBERT JAMES THOMAS BOURNE v MICHAEL CAMPBELL & ORS

N 751 OF 1999

EINFELD J
5 NOVEMBER 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 751 OF 1999

BETWEEN:	ROBERT JAMES THOMAS BOURNE Applicant
AND:	MICHAEL CAMPBELL & ORS Respondents
JUDGE:	EINFELD J
DATE OF ORDER:	5 NOVEMBER 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.the inquiry into the election of the President of the New South Wales Branch of the Australian Hotels Association on 9 February 1999 be terminated

2.the application for an inquiry be dismissed with costs

Note:    Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 751 OF 1999

BETWEEN:	ROBERT JAMES THOMAS BOURNE Applicant
AND:	MICHAEL CAMPBELL & ORS Respondents

JUDGE:	EINFELD J
DATE:	5 NOVEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. By application dated 4 August 1999 Robert James Thomas Bourne, a member of the New South Wales branch (the branch) of the Australian Hotels Association, sought an inquiry into alleged irregularities in the election of President of the branch held on 9 February 1999.  In the election, Bourne, the outgoing President, was defeated by 33 votes to 23 by John  Thorpe.  The application alleged that from approximately October 1998 to the date of the election, David Charles, the branch’s Chief Executive Officer since 1995, had been advising members of the branch Council that if Bourne was re-elected president, he, Charles, would resign his position as Chief Executive.  In November and December 1998, Bourne in his capacity as branch President told Charles that he had heard that Charles was “interfering in the election process” and cautioned him against continuing to do so.  Charles denied the allegation.  As late as the morning of the ballot, Charles was re-emphasising to voting delegates his intention to resign if Bourne succeeded.  It is at the heart of Bourne’s assertions in…