Synopsis:
Application for leave to appeal against the judgment of the Supreme Court of Appeal dismissing an appeal against the judgment of the High Court. The applicant Union sought to avoid liability for providing negligent legal assistance to the respondent members of the Union in their unfair dismissal claims against their former employer. The Union argued that a clause in its constitution entitled it to withdraw legal assistance if it is no longer in its interests to provide it, and that if effect were not given to that clause, then the Union’s right to determine its own administration in section 23(4)(a) of the Constitution would be violated. The Court refused to grant leave to appeal, reasoning that the clause in the Union’s constitution could not be interpreted in the way the Union contended.
Judgment: Cameron J (unanimous).
