Daphne Lowe v Australian Chinese Community Association of NSW [2010] NSWSC 1071

New South Wales Supreme Court

CITATION : Daphne Lowe v Australian Chinese Community Association of NSW [2010] NSWSC 1071 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10 September 2010 JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 10 September 2010

1. The defendant be restrained until further order from acting upon or enforcing the resolutions of the executive committee of the defendant made on 11 August 2010 that: (a) the plaintiffs be expelled from the defendant; DECISION : (b) a special general meeting be called to either ratify or revoke the resolution of the executive committee to expel the plaintiffs. 2. the defendant be restrained from holding the special general meeting referred to in the notice dated 16 August 2010. 3. these orders may be entered forthwith. 4. list the matter for mention at 9.30am on Thursday, 16 September 2010.

CATCHWORDS : Associations and Clubs - Expulsion, suspension and disqualification - association incorporated under Associations Incorporat Act 2009 - expulsion of member - interlocutory injunction sought to restrain holding special general meeting - plaintiff member contends holding of proposed special general meeting would contravene Association's Rules - whether meeting would transact other business in addtion to expulsion, whether Association is acting without a "complaint" within the meaning of the Rules - whether a denial of procedural fairness - equitable remedies - interlocutory injunction - serious question to be tried - balance of convenience favours grant of relief - interlocutory injunction granted.