In the matter of Old Newingtonians’ Union Incorporated [2024] NSWSC 619

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Old Newingtonians' Union Incorporated [2024] NSWSC 619 Hearing dates: 20 May 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Interlocutory injunction restraining council from appointing members as casual vacancies granted (see [45]). Catchwords: CORPORATIONS — meeting of members — requisition of special general meeting — where resolution for immediate vacation and re-appointment by election of elected council positions passed — where immediate re-election at special general meeting not practicable — where council instead proposes to fill vacancies on a casual basis — where there is a seriously arguable case that the council's chosen approach is inconsistent with its governing rules and resolution — where the balance of convenience favours the grant of interlocutory injunctive relief Legislation Cited: Newington College Council Act 1922 (NSW) Cases Cited: Countouris v Kallos (2008) 67 ACSR 543; [2008] NSWSC 840 Cox v The Animal Welfare League of New South Wales [2017] NSWSC 374 Jaken Properties Australia Pty Limited v Anthony Naaman [2024] NSWSC 216 JC Jewels Pty Limited [2024] NSWSC 532 May v Walker [2023] NSWSC 1628 Nature's Care Holdings Pty Limited v Chen [2024] NSWSC 14 Sri Guru Singh Sabah, Sydney Inc (The Sikh Association of Sydney) [2017] NSWSC 1092 Category: Principal judgment Parties: Peter Prilis, John Venetoulis, Rodney Michael Bosman, Luke Raymond Webber, Herman Benjamin Smit, Adam William Paul Latham, Dallas Carrington Morgan (First to Seventh Plaintiffs) Old Newingtonians' Union Incorporated (Defendant) Representation: Counsel: D Barlin (Plaintiffs) No appearance (Defendant)