Leyonhjelm v Mateer [2008] NSWSC 1320

New South Wales Supreme Court

CITATION : Leyonhjelm v Mateer [2008] NSWSC 1320

HEARING DATE(S) : 08/12/08

JUDGMENT DATE : 8 December 2008

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 8 December 2008

DECISION : Proceedings stayed pending mediation.

CATCHWORDS : ASSOCIATIONS AND CLUBS - incorporated association - disputes about internal affairs - applicability of model rule requiring internal disputes to be referred to mediation - whether proceedings should be stayed pending mediation

Associations Incorporation Act 1984, ss 11(2), 19(2)(a), 19(3) LEGISLATION CITED : Associations Incorporation Regulation 1999, Schedule 1, rules 7(2), 7(3), 10 Community Justice Centres Act 1983, s 3

CATEGORY : Principal judgment

CASES CITED : Badgin Nominees Pty Ltd v Oneida [1998] VSC 188 Huddart Parker Ltd v The Ship "Mill Hill" [1950] HCA 43; (1950) 81 CLR 502

David Leyonhjelm - Plaintiff PARTIES : Chris Mateer - First Defendant David Sanders - Second Defendant Paul Guigovaz - Third Defendant

FILE NUMBER(S) : SC 4169/08

COUNSEL : Mr S J Burchett - Plaintiff Mr B J Murphy, Solicitor - Defendants

SOLICITORS : Whitfields - Plaintiff B J Murphy & Company - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

BARRETT J

MONDAY 8 DECEMBER 2008

4169/08 DAVID LEYONHJELM v CHRIS MATEER AND 2 ORS

JUDGMENT

1 The plaintiff claims to be a member of the Inner West Hunters Club Inc which I shall call "the Club". The Club is an association incorporated as such under the Associations Incorporation Act 1984. 2 The plaintiff filed a summons on 12 August 2008 in which he seeks various relief based on the general proposition that certain decisions of 7 November 2007 were valid decisions having effect as resolutions of the Club in general meeting and that certain decisions of 28 November 2007 were not valid decisions having effect as resolutions of the Club in general meeting; also, that certain subsequent proceedings were not valid. 3 The dispute centres on questions about who are and are not office-bearers of the Club and who does or does not have authority within the Club. 4 The defendants are individuals whose status in or relation to the Club is questioned by the plaintiff. I have heard today a notice of motion by which they seek an order that the summons be struck out. In support of that application, the defendants rely on rule 10 of the model rules contained in Schedule 1 to the Associations Incorporation Regulation 1999: "(1) Disputes between members (in their capacity as members) of the association, and disputes between members and the association, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983 .