Now reading the full decision...
some interesting bits in there... agreed facts #6 states that the TWU did in fact go on STRIKE, a word they have up until now refused to use... (and in fact throughout the document the word strike is used to describe the situation)
I also now have a clearer understanging of point 1 as laid out originally, the defendants originally claimed that the union couldn't go to court to collect fines because the trade union act states as such, however the union managed to win that argument based on the TWU not being registered under the trade union act. Therefore they are allowed to go to court to collect damages specifically, but then further on it is declared that these fines are NOT damages, and therefore can not be recovered by the union.
The really important bits are three fold:
1) the fines are just as they are called, FINES, they are not a debt, nor are they damages. as such the court has no jurisdiction over them.
2) if the court were to have jurisdiction over them they would have to have been the ones to have assigned them in the first place, the court will not trust the union's trial process. further more they question the ability of the union being able to fairly assess fines after the fact (most likely due to the emotional nature of the issue)
3) by taking this to court the union has violated it's own constitution by attempting a punishment that is not laid out in the constitution (constitution says if fines are not paid the member will be kicked out of the union, it doesn't say they will be taken to court)
oh... and the really good part for the members that were sued:
The Defendants shall have costs against the Plaintiff. Counsel may make arrangements through the Clerk to speak to costs if necessary.
The union members that were taken to court will have all their costs covered by the union...