Burston v Oldfield [2003] NSWSC 88

New South Wales Supreme Court

CITATION : Burston v Oldfield [2003] NSWSC 88 HEARING DATE(S) : 20 & 21 February 2003 JUDGMENT DATE : 24 February 2003 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : There was a quorum present at the relevant time.

CATCHWORDS : ASSOCIATIONS AND CLUBS [49] - Incorporated associations - Matters relating to incorporation - Certificate of incorporation - Not conclusive evidence body was successor to unincorporated association - MEETINGS [5] - Conduct of business - Quorum - Meaning of quorum - Whether persons having an interest who abstain but are not disqualified from voting may be counted. LEGISLATION CITED : Associations Incorporations Act 1984 Parliamentary Electorates and Elections Act 1912 A M Spicer and Son Proprietary Limited (In Liquidation) v Spicer and Howie (1931) 47 CLR 151 Anaray Pty Ltd v Sydney Futures Exchange Ltd (1982) 6 ACLC 271 Baldwin v Everingham [1993] 1 Qd R 10 Ball v Pearsall (1987) 10 NSWLR 700 Clarke v Australian Labor Party (South Australian Branch) (1999) 74 SASR 109 Jobnet Employment Services Inc v Copeman (1999) 32 ACSR 554 Kibby v Santiniketan Park Association Inc [1998] VSC 148 CASES CITED : Levenstrath Community Association Incorporated v Council of the Shire of Nymboida (1999) 105 LGERA 362 Mune v Centro Argentino of Victoria Inc [1996] 2 VR 82 Re Greymouth Point Elizabeth Railway and Coal Company Ltd [1904] 1 Ch 32 Scandrett v Dowling (1992) 27 NSWLR 483 Steuart v Oliver (No 2) (1971) 18 FLR 83 The Queen v The Judges of the Federal Court of Australia; Ex Parte The Western Australian National Football League (Incorporated) (1979) 143 CLR 190 Thornley v Heffernan 25 July 1995 NSWSC Brownie J unreported Joske's Law and Procedure at Meetings in Australia (9th Ed, 2001) 33 - 34 Brian Burston (P1) Graham Burston (P2) PARTIES : David Ernest Oldfield (D1) Colin Keith Easton (D2) One National NSW Political Party Incorporated (D3) David Ernest Oldfield as representative of all members of the One Nation NSW Political Party (D4) FILE NUMBER(S) : SC 1231/03 COUNSEL : W P Lowe (Ps) A C Hogg and D M Aquilina (Ds) SOLICITORS : Waller Fry & Faulkner (Ps) Chase Lawyers (Ds)