Knox v Nile [2021] NSWSC 538

Supreme Court New South Wales

Medium Neutral Citation: Knox v Nile [2021] NSWSC 538 Hearing dates: 12 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Equity Before: Henry J Decision: Orders made validating the appointment of Mr Condon as administrator of the fifth defendant nunc pro tunc, ending the administration and appointing Mr Condon as receiver and manager of the fifth defendant until further order with the necessary powers to convene an annual general meeting for the purposes of electing the management committee. Catchwords: ASSOCIATIONS AND CLUBS – jurisdiction of courts – intervention in internal decisions – appointment of receiver and manager to convene annual general meeting for committee elections – where irregularities as to administrator's appointment – whether administrator or some other person should be appointed as receiver and manager Legislation Cited: Corporations Act 2001 (Cth), s 1322 Associations Incorporation Act 2009 (NSW), s 54 Cases Cited: Sengthong v Lao Buddhist Society of NSW Incorporated [2016] NSWSC 1408 Chen v Shaanxi Chamber of Commerce [2021] NSWSC 337 Sheahan v Londish [2010] NSWCA 270 Texts Cited: Nil Category: Procedural rulings Parties: Charles Robert Bray Knox (Plaintiff) Fred Nile (First Defendant) Silvana Nile (Second Defendant) Annie Wright (Third Defendant) Christian Democratic Party (Fred Nile Group) Incorporated ABN 57 658 075 121 (Fifth Defendant) Schon Gregory Condon in his capacity as Administrator of Christian Democratic Party (Fred Nile Group) Incorporated (Administrator Appointed) (Interested Party/Applicant) Representation: Counsel: J Cook (Interested Party/Applicant)