NSW Caselaw
New South Wales Supreme Court
CITATION : Graham v Baptist Union of New South Wales [2006] NSWSC 357
HEARING DATE(S) : 26/04/06
JUDGMENT DATE : 28 April 2006
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Interlocutory injunctions granted
CATCHWORDS : CHURCHES AND RELIGIOUS ASSOCIATIONS - complaint against minister - resort to investigatory and disciplinary processes provided for in by-laws - application for interlocutory injunction to restrain such processes until further order - whether minister afforded natural justice - minister indicated unwillingness to participate except on certain conditions - decision adverse to him at meeting of which he had no notice - appeal lodged by minister - moves to implement decision although appeal pending - serious questions to be tried as to denial of natural justice - balance of convenience favours plaintiff
LEGISLATION CITED : Baptist Union Incorporation Act 1919
Australian Workers Union v Bowen (No. 2) (1948) 77 CLR 601 Calvin v Carr (1979) 1 NSWLR 1 CASES CITED : Cameron v Hogan (1934) 51 CLR 358 Cayne v Global Natural Resources plc [1984] 1 All ER 225 Macqueen v Frackelton (1909) 8 CLR 673
PARTIES : Phillip Graham - Plaintiff Baptist Union of New South Wales - Defendant
FILE NUMBER(S) : SC 2475/06
COUNSEL : Ms J.I. Ghabrial - Plaintiff Mr P.F. Singleton - Defendant
SOLICITORS : Parke Maher Solicitors - Plaintiff Turner Whelan Solicitors - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
FRIDAY 28 APRIL 2006
2475/06 PHILLIP GRAHAM v BAPTIST UNION OF NEW SOUTH WALES
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