Perdikaris v Australian National Drag Racing Association Inc [2006] NSWSC 629

New South Wales Supreme Court

CITATION : Perdikaris v Australian National Drag Racing Association Inc [2006] NSWSC 629 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 09/06/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 06/09/2006

DECISION : Mandatory injunction granted until close of current meeting. Costs plaintiff's costs in the cause.

CATCHWORDS : PROCEDURE - Injunctions - Defendant incorporated association in South Australia conducts drag racing events - Plaintiff a member in particular class - Rules provide for handicap index based on new National Elapsed Time Record plus 0.5 seconds - Plaintiff established new National Elapsed Time Record for his class of 9.671 seconds - Defendant set record at 9.45 seconds and new index at 9.95 seconds - Plaintiff' s evidence he non-competitive at that index - Mandatory injunction sought requiring defendant to conduct events already started at index of 10.171 seconds in plaintiff's class - Whether serious question to be tried - Whether Associations Incorporation Act 1985 (SA), s 27(1) as to validity of contracts applicable - Whether claim of oppressive or unreasonable acts under s 61(4)(g) should be raised in a South Australian Court - Whether irreparable damage of non-monetary kind sufficient to ground injunction - Whether balance of convenience favoured no injunction as drag racing meeting had already commenced - Whether 8 days between knowledge of new index and application should lead to refusal of application - Whether injunction sought in essence to support an implied negative stipulation in contract with members that defendant would not conduct meetings inconsistently with its rules - Whether damages an adequate remedy