NSW Caselaw
New South Wales Supreme Court
CITATION : New Idafe Incorporated v Barnard & Ors [2007] NSWSC 1107
HEARING DATE(S) : 21 September 2007 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 21 September 2007
DECISION : Proceedings reconstituted by joinder of additional plaintiffs and removal of Association as plaintiff and its joinder as a defendant. Matter referred for mediation.
CATCHWORDS : PROCEDURE – Parties – dispute as to control of incorporated Association – Association should be passive defendant, not active plaintiff – ALTERNATIVE DISPUTE RESOLUTION – mediation – order for referral
(CTH) Corporations Act 2001 ss 236, 237 LEGISLATION CITED : (NSW) Civil Procedure Act 2005 s 26 (NSW) Uniform Civil Procedure Rules 2005 rr 6.24, 6.29
Danish Mercantile Co Limited v Beaumont [1951] Ch 680 CASES CITED : Dimento v Dimento [2007] NSWSC 420 Massey v Wales [2003] NSWCA 212 Morrow v chinadotcom Corp [2001] NSWSC 209
New Idafe Incorporated (plaintiff) Patricia Barnard (first defendant) PARTIES : Vicki Campbell (second defendant) Dianne Davis (third defendant) Donna Murdoch (fourth defendant) Diana Lyons (fifth defendant)
FILE NUMBER(S) : SC 3306/07
COUNSEL : Mr W Washington w Mr F D Coyne (plaintiff) Mr D C Clarke (sol) (third & fifth defendants)
SOLICITORS : Ms L J Hansen (sol) (plaintiff) Youth & Enterprise Legal Centre (third & fifth defendants)
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