Rose v Boxing NSW Inc & anor [2007] NSWSC 20

New South Wales Supreme Court

CITATION : Rose v Boxing NSW Inc & anor [2007] NSWSC 20

HEARING DATE(S) : 8, 11 December 2006

JUDGMENT DATE : 31 January 2007

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : (1) Declare that resolution of Executive Committee of first defendant in respect of plaintiff is void and of no effect. (2) Order that first defendant be restrained from acting upon, implementing, carrying into effect or otherwise treating as valid in any respect said resolution. (3) Give judgment that first defendant pay plaintiff $4,000.

CATCHWORDS : ASSOCIATIONS AND CLUBS - incorporated associations - expulsion procedures - natural justice – where defendant incorporated association is a federation of affiliated unincorporated associations and clubs – where plaintiff is a member of an affiliated unincorporated association - where defendant purports to expel plaintiff which has effect of barring him from involvement in amateur boxing in NSW – whether plaintiff has standing to claim declaratory and injunctive relief against defendant – held, he does – whether upon proper construction of defendant's constitution its Executive Committee had power to discipline plaintiff – held, it did not – whether determination of Executive Committee affected by any breach of the Constitution or the rules of natural justice – held, notice was inadequate and communication to plaintiff of refusal to hear more than one witness was constructive failure to afford proper hearing – whether relief for denial of natural justice should be declined on basis that it was immaterial – held, relief should not be declined – whether excess of power and/or denial of natural justice cured by subsequent "appellate" proceedings – held, subsequent proceedings were not an appeal of the type which could "cure" any such defect - whether relief should be declined on discretionary grounds – held, it should not - whether damages available - held, they are - relationship between association rules and natural justice