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. The condition of that order is that the appeal will take no more than two hours and in that respect I note that there are only two points involved and they are short. It must be understood, however, that if the claimants endeavour to widen the ambit of the dispute and thereby lengthen the hearing they are at risk of losing their place in the short appeals list and the consequence is that the appeal will come on for hearing much later. The formal orders I will therefore make are: the notice of motion is dismissed. The appeal is to be listed as a short appeal for mention in the list when the dates for short appeals in April or May are being fixed. The Registrar will give directions as to written submissions and a narrative statement of the facts. I dispense with the need for settling an appeal index. I direct the claimants to notify the Registrar that there is no need for him to meet with them for that purpose. I direct the claimants to file appeal papers which should be confined to the judgment, formal documents, the rules of the organisation and the statement of 2 UNREPORTED JUDGMENTS agreed facts unless there is any particular reason for any other document or material to be put before the court. The claimants are to pay the opponents costs of today. 5 Orders accordingly.