KAPLANTZIS & ANOR v FEDERATION OF SAMIAN ORGANIZATIONS OF AUSTRALIA LTD & ORS [2001] NSWSC 1090

New South Wales Supreme Court

CITATION : KAPLANTZIS & ANOR v FEDERATION OF SAMIAN ORGANIZATIONS OF AUSTRALIA LTD & ORS [2001] NSWSC 1090 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 3411/2001 HEARING DATE(S) : 16/11/2001 JUDGMENT DATE : 29 November 2001

Michael Kaplantzis - First Plaintiff Stavros Lerios - Second Plaintiff Federation of Samian Organizations of Australia Ltd - First Defendant PARTIES : Photios Vouroudis - Second Defendant Bill (Vassilis) Hatzivasiliou - Third Defendant Con (Kostas) Passas - Fourth Defendant Samian Brotherhood of Sydney & N.S.W. "O Lycourgos" Limited - Fifth Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : G. McGrath - Plaintiffs L. Aitken & Ms F. Rogers - Defendants SOLICITORS : Konstan Lawyers - Plaintiffs Messrs H. Danalis & Co. - Defendants CATCHWORDS : CORPORATIONS - meetings - quorum - some members leave during meeting - incorporated social and community organizations - Articles of Federation (first defendant) entitled Brotherhood (fifth defendant) to appoint officers of Federation - plaintiffs claimed to have been appointed - Articles of Brotherhood provided for quorum of Committee - where eleven Committee members quorum was eight, where 10 quorum 7 - ten of eleven attended, three withdrew during the meeting, the plaintiffs' claim depended on the validity of a resolution passed by remaining seven. Issue whether absent member had vacated office through absences. It was found that there had been no decision to treat him as having vacated office, and there was no evidence that he was liable to vacation as he had not been given notice of meetings as required by Articles. Factual issues about the points of time at which the three withdrew. It was found that the three withdrew before the challenged resolution was passed. Held - the resolution was ineffecive for lack of a quorum - the plaintiffs' claim to hold office in Federation under the resolution failed. LEGISLATION CITED : s.1322 of the Corporations Act 2001 CASES CITED : Ball v. Pearsall (1987) 10 NSWLR 700 DECISION : Give judgment for the defendants with costs.