Ovchinnikov v Baikal Sports Club Inc [2024] NSWCA 171

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ovchinnikov v Baikal Sports Club Inc [2024] NSWCA 171 Hearing dates: 11 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Before: Mitchelmore JA at [1]; Stern JA at [45]; Basten AJA at [46] Decision: (1) Extend time for the applicant to file the amended summons seeking leave to appeal to 26 June 2024. (2) The amended summons is dismissed with costs. Catchwords: ASSOCIATIONS AND CLUBS — meetings — validity — where members of association were issued debentures — whether certain debenture holders are no longer members on the basis of unpaid fee — whether debenture holders who are no longer members are able to vote at a general meeting Legislation Cited: Associations Incorporation Act 2009 (NSW), ss 3, 4, 10, 14, 26, 38, 39, 108 Interpretation Act 1987 (NSW), s 53 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Cheng v Motor Yacht Sales Australia Pty Ltd t/as the Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118 In the matter of Lesso Building Material Trading (Sydney) Pty Ltd (administrators appointed) [2018] NSWSC 1486 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Redhead Grange Incorporated v Davidson (2002) 55 NSWLR 14; [2002] NSWSC 90 Texts Cited: F H Callaway, Winding up on the Just and Equitable Ground (1978, Law Book Co) Category: Principal judgment Parties: Mikhail Ovchinnikov (Applicant) Baikal Sports Club Incorporated (ABN 95 107 270 620) (Respondent) Representation: Counsel: A Maroya (Applicant) S Murray (Respondent)