NSW Caselaw
New South Wales Supreme Court
CITATION : Kavourakis v Waverley Bowling & Recreation Club Ltd [2010] NSWSC 439
HEARING DATE(S) : 10/05/10
JUDGMENT DATE : 12 May 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Application for leave to proceed against company in voluntary administration dismissed with costs.
CATCHWORDS : CORPORATIONS - voluntary administration - proceedings commenced against company before start of administration - plaintiff seeks leave to continue proceedings - plaintiff makes several claims all of which depend on his being a member of the company - consideration of evidence shows that his claim to be a member is unsupportable - alleged membership by estoppel - requirements for estoppel not shown to be met - case has no solid foundation - other factors also against grant of leave to proceed - leave refused - CORPORATIONS - membership - company limited by guarantee - whether solid foundation for contention that applicant for membership is a member - "membership by estoppel" - where company represented to plaintiff that he had a membership number - whether he believed any representation that he was a member
LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.3A, ss 168, 169, 231, 440D
CATEGORY : Principal judgment
George Whitechurch Ltd v Cavanagh [1902] AC 117 J F Keir Pty Ltd v Priority Management Systems Pty Ltd [2007] NSWSC 748 CASES CITED : Ogilvie-Grant v East (1983) 7 ACLR 669 Re Bahia and San Francisco Railway Co Ltd (1868) LR 3 QB 584 Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7; (1988) 164 CLR 387
PARTIES : Michael Kavourakis - Plaintiff Waverley Bowling & Recreation Club Limited - Defendant
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