Carlingford Bowling, Sports & Recreation Club v Carabetta [2024] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carlingford Bowling, Sports & Recreation Club v Carabetta [2024] NSWCA 76 Hearing dates: 05 April 2024 Date of orders: 05 April 2024 Decision date: 05 April 2024 Before: Meagher JA; Gleeson JA; White JA Decision: (1) Dismiss the applicant's summons seeking leave to appeal with costs. (2) Dismiss the applicant's notice of appeal filed 19 December 2023 as incompetent and order the applicant pay the costs of that appeal. Catchwords: APPEALS – application for leave to appeal – where applicant club's constitution provides that by-laws invalid unless "not inconsistent with" constitution – no arguable error identified in primary judgment – no question of principle – leave refused Legislation Cited: Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Carlingford Bowling, Sports & Recreation Club (Applicant) Robert Carabetta (First Respondent) Anthony French (Second Respondent) Representation: Counsel: J Agius SC / S Erian (Applicant) N M Bender SC / R J Pietriche (Respondents)

Solicitors: McManus Lawyers (Applicant) Pigott Stinson (Respondents) File Number(s): 2023/459517; 2024/71130 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2023] NSWSC 1442 Date of Decision: 27 November 2023 Before: Henry J File Number(s): 2023/363100