YOUNG v ST GEORGE BANK LTD [1995] NSWCA 531

YOUNG v ST GEORGE BANK LTD SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

CLARKE JA 11 December 1995

[1995] NSWCA 531

Clarke JA. There are two applications before the court, the first for a stay of proceedings and the second for expedition. The contest is, putting it broadly and not entirely accurately, between the old and new committee of an association incorporated under the Associations Incorporation Act 1984. The funds of the association total slightly under $40,000, and its name is The Rangers Club of New South Wales Inc. I am informed it is a type of social club.

The claimants, who are the appellants in the appeal, are concerned, first, that what I might call the new committee, whose validity they deny, will run the organisation to suit themselves and, secondly, that the funds may not be properly dealt with in accordance with the charter of the association. There is, however, no evidence which could support the allegation that there will be any misuse of funds and the position simply is that the losers before the trial judge want to ensure that the present uncertainty continues so that the new committee does not develop its position to one of strength.

I must confess I see no reason why the decision should be not carried into effect. Nor, on the evidence, do I see any lasting prejudice to any party if it is carried into effect.

In essence, my decision refusing a stay is based upon the premise that the claimants have shown no good reason why the opponent should not enjoy thefruits of its victory in the court below.

The second application is for expedition. Although I can see reasons importing into the case some urgency I do not think that it merits a general order of expedition, having regard to the competing claims on the court's time. I will, however, place the appeal into the short appeals list to be listed for mention so that it can be heard in one of those lists in April/May 1996.