DAIRY FARMERS MILK CO-OPERATIVE v CO-OPERATIVES COUNCIL [2009] NSWSC 862

Reported Decision : 75 NSWLR 727

New South Wales Supreme Court

CITATION : DAIRY FARMERS MILK CO-OPERATIVE v CO-OPERATIVES COUNCIL [2009] NSWSC 862

HEARING DATE(S) : 5 August 2009

JUDGMENT DATE : 27 August 2009

JUDGMENT OF : Bryson AJ at 1

DECISION : Proceedings dismissed with costs.

CATCHWORDS : CO-OPERATION - Membership - rights of active members inactive members and former members - Dairy Farmers received large capital payment on takeover of ACFL in which Dairy Farmers held shares - Applicants, former members whose shares had recently been cancelled applied to Co-operative Council which after a hearing decided by majority to include Applicants in distribution - Dairy Farmers appealed to Court - consideration of powers of Council under Co-operatives Act s129 - powers extended to altering rights otherwise existing under legislation and constitution of a co-operative - HELD - Appeal dismissed.

Dairy Farmers Milk Co-operative Ltd v Australian Co-operative Foods Ltd [2008] NSWCA 126; [2007] NSWSC 1311 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Water Conservation and Irrigation Commission v Browning (1947) 74 CLR 492 CASES CITED : Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 at 90 Klein v Domus Pty Ltd (1963) 109 CLR 467 at 473 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 House v The King (1936) 55 CLR499 at 504 Buck v Bavone (1976) 135 CLR 110

Dairy Farmers Milk Co-operative Ltd - Plaintiff PARTIES : Co-operatives Council of New South Wales First Defendant (submitting) Scott Barnett and Thirty others - Second Defendants