In the matter of Austinmer Bowling Club Ltd (in liq); Russell v Rodden [2008] NSWSC 730

Reported Decision : 67 ACSR 183

New South Wales Supreme Court

CITATION : In the matter of Austinmer Bowling Club Ltd (in liq); Russell v Rodden [2008] NSWSC 730

HEARING DATE(S) : 15 July 2008

JUDGMENT DATE : 17 July 2008

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Any determination by members as to surplus can only be made at a meeting of members convened in accordance with the Club's articles of association; and at any such meeting only Bowling and Life Members may attend and vote

CATCHWORDS : CORPORATIONS - winding up - company limited by guarantee operating as a sporting club - surplus on winding up - members empowered by memorandum of association to determine destination of surplus - whether members' determination must be by meeting of members under articles of association - if so, whether social members may attend and vote at such a meeting

LEGISLATION CITED : Corporations Act 2001 (Cth), s 231 Registered Clubs Act 1976 (NSW), ss 30, 41J

Application of Gregory Jay Parker (liquidator of Shellharbour Golf Club Ltd (in liq)) [2006] NSWSC 219 Darvall v North Sydney Brick & Tile Co Ltd (1988) 14 ACLR 474 CASES CITED : Holmes v Keyes [1959] Ch 199 National Roads and Motorists' Association Ltd v Parkin (2004) 49 ACSR 485 Re Buck, deceased [1964] VR 284

PARTIES : Gregory Alexander Russell (liquidator of Austinmer Bowling Club Ltd (in liq))(Plaintiff) Ian Rodden (Defendant, as representative of the Social Members of the Austinmer Bowling Club Ltd (in liq))

FILE NUMBER(S) : SC 2460/08

COUNSEL : S Golledge (Plaintiff) D Chin (Defendant)