Jones v Castle Hill RSL Club Ltd [2005] NSWSC 1310

New South Wales Supreme Court

CITATION : Jones v Castle Hill RSL Club Ltd [2005] NSWSC 1310

HEARING DATE(S) : 25 October 2005

JUDGMENT DATE : 25 October 2005

JUDGMENT OF : Brereton J

CATCHWORDS : EQUITY - remedies - interlocutory injunctions - approach where issue is question of law on uncontroversial facts - ASSOCIATIONS & CLUBS - rights, duties and liabilities of members - club contracts to maintain rights of one class of members in form no less than existed as at date of contract - whether right to stand for election to 2 of 12 board positions in competition with members of other category is a right in a lesser form than to stand for election for those positions in competition only with members of same category - ALTERNATIVE DISPUTE RESOLUTION - mediation - whether agreement to mediate disputes should be enforced where disputed issue is resolved on interlocutory application

D'Arcy v Burelli Investments Pty Limited (1987) 8 NSWLR 317 CASES CITED : MCP Muswellbrook Pty Limited v Deutsche Bank Asia AG (1998) 12 NSWLR 16

David Arthur Jones, Clarence Gregory Smith and Barry William Newman (plaintiffs) PARTIES : Castle Hill RSL Club Limited (first defendant) The Returned & Services League of Australia (NSW Branch) (second defendant)

FILE NUMBER(S) : SC 5589/05

G P McNally (plaintiffs) COUNSEL : D J Russell SC (first defendant) L Copley (solicitor) (second defendant)

Matthews Dooley & Gibson (plaintiffs) SOLICITORS : Walls & Rodriguez (first defendant) PricewaterhouseCoopers Legal (second defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION