Singh & Ors v Singh & Ors [2023] NSWSC 436

Supreme Court New South Wales

Medium Neutral Citation: Singh & Ors v Singh & Ors [2023] NSWSC 436 Hearing dates: 19 April 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Defendants' motion dismissed with costs Catchwords: JUDGMENTS AND ORDERS – Dispute among members of incorporated association as to validity of elections – Parties agree on procedure for fresh elections – Agreement recorded in consent orders including procedure for independent chair of meeting to determine eligible members – Construction of orders – Whether determination by chair subject to requirement to afford natural justice or able to be vitiated as unreasonable Cases Cited: Associated Provincial Picture House Ltd v Wednesbury Corporation [1948] 1 KB 223 Cherry v Steele-Park (2017) 96 NSWLR 548; [2017] NSWCA 295 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Elston v Commonwealth (2014) 222 FCR 429; [2014] FCA 291 Goodrich v Kilmore Racing Club Inc [2021] VSC 767 Lee v The Showmen's Guild of Great Britain [1952] 2 QB 329 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 McClelland v Burning Palms Surf Life Saving (2002) 191 ALR 759; [2002] NSWSC 470 Morris v Victorian Farmers Federation [2022] VSC 407 Trindall v NSW Aboriginal Educational Consultative Group Inc [2023] NSWSC 85 Category: Procedural rulings Parties: Balbir Singh (First Plaintiff) Maninder Chugh (Second Plaintiff) Gurbain Singh (Third Plaintiff) Manmohan Kaur Sian (Fourth Plaintiff) Harmeet Singh (Fifth Plaintiff) Uppinder Bhatia (Sixth Plaintiff) Gurvinder Chawla (Seventh Plaintiff) Mandeep Oberai (Eighth Plaintiff) Surinder Kaur (Ninth Plaintiff) Tarlochan Singh (Tenth Plaintiff) Surjit Kaur Sahota (Eleventh Plaintiff) Col Mohinder Singh (Twelfth Plaintiff) Navdeep Sahota (Thirteenth Plaintiff) Paramjit Kaur Singh (Fourteenth Plaintiff) Amarjit Bhatia (Fifteenth Plaintiff) Onkar Singh (Sixteenth Plaintiff) Jasvir Kaur Bhatti (Seventeenth Plaintiff) Rakhbir Singh (First Defendant) Manjit Singh Sidhu (Second Defendant) Kanwar Nagra (Third Defendant) Avinder Gill (Fourth Defendant) Nicky Kaur Garegwal-Poole (Fifth Defendant) Gagandeep Singh (Sixth Defendant) Jagdeep Singh (Seventh Defendant) Avtar Singh (Eighth Defendant) Sukkhpreet Singh Benipal (Ninth Defendant) Raminder Singh (Tenth Defendant) Mohinder Singh Mokha (Eleventh Defendant) Jasbir Singh (Twelfth Defendant) Harjinder Singh (Thirteenth Defendant) Gurdeep Singh Makkar (Fourteenth Defendant) Sukhdev Singh (Fifteenth Defendant) Ratadeep Singh (Sixteenth Defendant) Representation: Counsel: