Battenberg v Union Club [2005] NSWSC 242

Reported Decision : 53 ACSR 263

New South Wales Supreme Court

Battenberg v Union Club [2005] NSWSC 242 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 7 March 2005

JUDGMENT DATE : 30 March 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Annulment has the effect that member still a member

CATCHWORDS : CORPORATIONS - membership - Articles of Association say member shall cease to be a member if he becomes bankrupt - sequestration order made against member - bankruptcy later annulled - whether member still a member - BANKRUPTCY - discharge of bankrupt and annulment of sequestration order - annulment pursuant to section 74 Bankruptcy Act - effect of annulment on bankrupt's membership of corporation which has Article saying a member ceases to be a member if he becomes bankrupt - JUDGMENTS AND ORDERS - setting aside - effect of setting aside considered generally - effect of setting aside sequestration order by statutory provision for annulment on operation of clause in corporation's Articles that member ceases to be a member if he becomes bankrupt

Aboriginal Housing Act 1998 Aboriginal Land Rights Act 1983 Administrative Decisions Tribunal Act 1997 Bankruptcy Act 1966 (Cth) Companies Act 1961 (Q) Conveyancers Licensing Act 2003 Corporations Act 2001 (Cth) LEGISLATION CITED : Funeral Funds Act 1979 Government Railways Act 1912 Income Tax Assessment Act 1936 (Cth) Inheritance (Family Provision) Act 1938 (UK) Justices of the Peace Act 2002 Partnership Act 1982 Powers of Attorney Act 1993 Western Lands Act 1901