Luong & 2 ors v Chinese Australian Services Society Co-operative Limited & 4 ors [2008] NSWSC 71

New South Wales Supreme Court

CITATION : Luong & 2 ors v Chinese Australian Services Society Co-operative Limited & 4 ors [2008] NSWSC 71

HEARING DATE(S) : 7 December 2007

JUDGMENT DATE : 12 February 2008

JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

DECISION : Plaintiffs' motion (for construction and/or rectification) dismissed. On defendants' motion, respondents restrained from interfering with second defendant's attendance at first defendant's AGM. Plaintiffs to pay defendants' costs of both motions.

CATCHWORDS : CORPORATIONS – Co-operative Society – rules – construction – where order made for amendment of rules under oppression provisions – where effect of rule depends upon registration – whether regard can be had to matters not apparent on register – rectification – whether rules can be rectified. - COSTS – where dispute as to construction of rules of co-operative society – whether costs should be born by society or by unsuccessful plaintiffs. - PROCEDURE – Proceedings after judgment – motion for construction or rectification of rules amended pursuant to Court Order made by consent – where construction or rectification of agreement for compromise of substantive proceedings involved – whether justiciable on motion in proceedings.

LEGISLATION CITED : (NSW) Civil Procedure Act 2005 s 73 (NSW) Co-operatives Act, ss 73, 98, 99, 102, 113(1), 117(2), 124,

CATEGORY : Consequential orders

Wiliam Luong (first plaintiff) Peter Fong (second plaintiff) Nan Hung Pan (third plaintiff) PARTIES : Chinese Australian Services Society Co-operative Limited (first defendant) Peter Leong (second defendant) Say-Choon Teoh (third defendant) Brian Wong (fourth defendant) Peter Yee (fifth defendant)