Randazzo v New South Wales Sport Aircraft Club [2009] NSWSC 1473

New South Wales Supreme Court

CITATION : Randazzo v New South Wales Sport Aircraft Club [2009] NSWSC 1473 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 21 & 23-24 December 2009 JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 24 December 2009

DECISION : See paragraph [56] of the judgment.

CATCHWORDS : ASSOCIATIONS AND CLUBS - expulsion, suspension and disqualification - power to expel, suspend and disqualify - complaint that plaintiff member acted in a manner prejudicial to the defendant club's interests - plaintiff exercises right of appeal to general meeting of defendant - interlocutory relief sought to prevent defendant association suspending plaintiff's membership - complaint within defendant's Rules - sufficient reasons for suspension of plaintiff provided - alleged denial of procedural fairness - issues of lack of notice of complaint to plaintiff and apprehension of bias by defendant - serious question to be tried - balance of convenience favours grant of relief - defendant restrained from suspending plaintiff

LEGISLATION CITED : Associations Incorporation Act 1984 (NSW)

CATEGORY : Principal judgment

Attorney General v Wentworth (1988) 14 NSWLR 481 Attorney General for the State of South Australia v Diepkorn [2005] SASC 425 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 Broad v Broad (1898) LT 687 CASES CITED : Dale v Smith (1967) 1 WLR 700 Goodwin v VVMC Club Australia (NSW Chapter) [2008] NSWSC 154 McClelland v Burning Palms Surf Life Saving Club [2002] NSWSC 470; (2002) 191 ALR 759 Rose v Boxing NSW Inc [2007] NSWSC 20 Stollery v Greyhound Racing Control Board (1972) 128 CLR 509