In the matter of Baikal Sports Club Inc [2024] NSWSC 5

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Baikal Sports Club Inc [2024] NSWSC 5 Hearing dates: 18 December 2023 Date of orders: 17 January 2024 Decision date: 17 January 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order to be made indicating that resolutions validly passed at March 2023 general meeting and parties to bring in short minutes of order. The proceedings and the cross-claim are otherwise dismissed. Catchwords: ASSOCIATIONS AND CLUBS — Meetings — Validity — Where members of association were issued debentures — Where terms and conditions of debenture certificates provide debenture holders a right to vote at general meetings — Where certain debenture holders are no longer members on the basis of unpaid fees — Whether debenture holders who are no longer members are able to vote at a general meeting. Legislation Cited: - Associations Incorporation Act 2009 (NSW), ss 38, 39 - Evidence Act 2005 (NSW), s 136 Cases Cited: - Australian Federation of Islamic Councils Inc v United Moslems New South Wales Inc [2021] NSWCA 311 - Echunga Football Club Inc v Hills Football League Inc (2014) 121 SASR 449; [2014] SASC 201 - Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 - Re Lesso Building Material Trading (Sydney) Pty Ltd (Admins Apptd) [2018] NSWSC 1486 - Redhead Grange Inc v Davidson (2002) 55 NSWLR 14 Category: Principal judgment Parties: Baikal Sports Club Incorporated (Plaintiff/Cross-Defendant) Mikhail Ovchinnikov (Defendant/Cross-Claimant) Representation: Counsel: M Aguinaldo (Plaintiff/Cross-Defendant) A Maroya (Defendant/Cross-Claimant)