NSW Caselaw
New South Wales Supreme Court
CITATION : Adamek v Royal Motor Yacht Club of NSW Ltd [2007] NSWSC 1043
HEARING DATE(S) : 11/9/07 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 11 September 2007
DECISION : Application for interlocutory injunction dismissed with costs.
CATCHWORDS : CORPORATIONS [1045]- Articles of Association- Construction- As to directors- Articles provide that certain directors of first defendant must be sole owners of vessels appearing on club's Register of Vessels- Register only records details of vessels moored "on- site"- First plaintiff owns boat moored "off-site"- Owner not eligible for election as director- Second plaintiff not eligible as he is not "sole" owner of his vessel, it being owned by a corporation under his control- Defendants correct to refuse nominations in each case- No basis for injunction. EQUITY [334]- Equitable remedies- Injunctions- Interlocutory injunctions- Point of construction not dependent on facts- Point decided on application- Injunction refused.
LEGISLATION CITED : Corporations Act 2001 (Cth) Registered Clubs Act 1976
Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 CASES CITED : Ho Tung v Man on Insurance Co Ltd [1902] AC 232 Stylis v United Medical Protection Ltd [2007] NSWCA 109 Sung Li Holdings Pty Ltd v Medicom Finance Pty Ltd (1995) 13 ACLC 955
Edwin Adamek (P1) Spiro Isak (P2) Henry Gelbart (P3) PARTIES : Royal Motor Yacht Club of New South Wales Limited (D1) Bruce Connell (D2) Peter McKeon (D3) Robert Danckert (D4)
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