Sutherland v NRMA [2003] NSWSC 829

Reported Decision : 47 ACSR 428

New South Wales Supreme Court

CITATION : Sutherland v NRMA [2003] NSWSC 829 revised - 15/09/2003 HEARING DATE(S) : 4 September 2003 JUDGMENT DATE : 4 September 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Provisions imposing age restriction on election of directors removed from constitution

CATCHWORDS : CORPORATIONS - constitution and legal capacity - amendment of constitution to remove provisions oppressive to unfairly prejudicial or unfairly discriminatory against a member or members - CORPORATIONS - miscellaneous cases - oppression - circumstances in which provision in constitution which is oppressive to, unfairly prejudicial, or unfairly discriminatory against a member can be removed - effect of repeal of statutory provision limiting circumstances in which persons of a particular age can be directors of a corporation, on whether provision of a corporate constitution is oppressive to, unfairly prejudicial or unfairly discriminatory against a member or members - CORPORATIONS - management and administration - directors - age restrictions on election - DISCRIMINATION LAW - age restrictions on election of directors - removal from company's constitution under section 233 Corporations Act LEGISLATION CITED : Corporations Act 2001 (Cth) Corporations Law Fraser v NRMA Holdings Ltd (1995) 127 ALR 543 CASES CITED : Re Ingleburn Horse and Pony Club Ltd and the Companies Act [1973] 1 NSWLR 641 Australian Securities Commission v Multiple Sclerosis Society of Tasmania (1993) 10 ACSR 489 Quinlan v Fiboze Pty Limited (1998) 6 ACLC 993 PARTIES : Douglas William Sutherland - Plaintiff National Roads and Motorists' Association Limited - Defendant FILE NUMBER(S) : SC 4693/03 COUNSEL : D A Smallbone - Plaintiff J McCarthy QC; J Oakley - Defendant SOLICITORS : Maurice May & Co - Plaintiff Corrs Chambers Westgarth - Defendant