Spagnolo v Parramatta Leagues Club Ltd [2023] NSWSC 112

Supreme Court New South Wales

Medium Neutral Citation: Spagnolo v Parramatta Leagues Club Ltd [2023] NSWSC 112 Hearing dates: 3 & 9 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Equity Before: Slattery J Decision: Interlocutory relief refused. Costs reserved. Proceedings referred into the expedition list for management by the expedition judge Catchwords: EQUITY - Equitable remedies – Injunctions – interlocutory injunctions – plaintiff is a member of a public company, the defendant, that owns and operates a rugby league team competing in the national rugby league competition – the defendant did not permit the plaintiff to stand for election to the board of the defendant at the 2022 AGM of the defendant held in February 2022 – the plaintiff brings proceedings in August 2022, contesting the defendant's decision that he was ineligible under the defendant's Constitution from standing for election to the defendant's board at the 2022 AGM – defendant files defence – the plaintiff seeks interlocutory injunction before the 2023 AGM restraining the defendant from treating him as ineligible for election to the board and seeking an urgent final hearing – whether there is a serious question to be tried – discretionary considerations of the balance of convenience – consideration of the plaintiff's delay in commencing proceedings and bringing them on for hearing is a discretionary factor in the grant or withholding of interlocutory relief. Legislation Cited: Corporations Act 2001 (Cth), ss 9, 201M Gaming and Liquor Administration Act 2007 Registered Clubs Act 1976, Part 6A, s 57H, s 57H(2)(g) Supreme Court Act 1970, s 66(4) Cases Cited: Andrews v Queensland Racing Limited (2009) 74 ACSR 538 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese (Managers of Kimpton Church of England Primary School) v Woodhouse [1970] 1 All ER 769 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 Harding v University of NSW [2002] NSWCA 325 Line Nathan Pty Ltd v Coopers Brewery (2006) 156 FCR 1 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 NSW Rugby League Ltd v Australian Rugby League Commission Ltd [2022] NSWSC 570 Rivers v Bondi Junction Waverly RSL Sub Branch Ltd (1986) 5 NSWLR 362 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) at [21–350] Category: Consequential orders Parties: Plaintiff: Roy Spagnolo Defendant: Parramatta Leagues Club Ltd ACN 000 218 655 Representation: Counsel: Plaintiff: D. McLure SC; Q.M. Noakhtar Defendant: J. Entwisle; L. Moussa