Bundagen Co-Operative v Battle [2010] NSWSC 160

New South Wales Supreme Court

CITATION : Bundagen Co-Operative v Battle [2010] NSWSC 160

HEARING DATE(S) : 22 and 23 September 2009

JUDGMENT DATE : 5 March 2010

JUDGMENT OF : Latham J

Judgment is entered for the plaintiff. I make the following orders :- 1. Pursuant to s 90 of the Co-Operatives Act 1992, I make a declaration that by resolution passed at the General Meeting of the plaintiff on 22 July 2007 the defendant was expelled from the plaintiff. DECISION : 2. That the defendant cease residing on, or occupying any part of the land owned by the plaintiff comprised in Folio Identifiers 1/732149, 334/755553 and 344/755553 as registered at the Department of Lands, being the property known as "Bundagen" located at 401 McCabes Road, Bundagen in the State of NSW. 3. That judgment for possession is entered in favour of the plaintiff in respect of the land identified in order 2 above. 4. Leave is granted to the plaintiff to obtain a writ of possession in respect of the land identified in order 2 above, save that the writ does not authorise disturbance of the occupation of any person other than the defendant. 5. The defendant is to pay the plaintiff's costs of these proceedings. I grant liberty to apply within 7 days.

CATCHWORDS : REAL PROPERTY - Land owned by a co-operative - Expulsion of a member - s 90 Co-operatives Act 1992 - Domestic Tribunals - Whether procedural fairness accorded.

LEGISLATION CITED : Co-operatives Act 1992

Re Minister for Immigration and Multicultural Affairs ; Ex Parte Miah [2001] HCR 22 ; 206 CLR 57 Calvin v Carr [1979] 1 NSWLR 1 McClelland v Burning Palms Surf Life Saving Club [2002] NSWSC 470 Samuel v St George Leagues Club Ltd NSWSC 20 October 1992 Hornby v Narrandera Ex Servicemen's Club Ltd [2001] NSWSC 235 Thomson v Earlwood-Bardwell Park RSL [1999] NSWSC 243 Thomson v Earlwood-Bardwell Park RSL Webb v The Queen (1994) 181 CLR 41 CASES CITED : Johnson v Johnson (2000) 201 CLR 488 Ebner v Official Trustee (2000) 205 CLR 337 McGovern v Kuringai Council [2008] NSWCA 209 Old St Boniface Residents Association v Winnipeg (City) [1990] 3 SCR 1170 McGovern v Kuringai Council [2008] NSWCA 209 McGovern v Kuringai Council [2008] NSWCA 209 Commissioner of Corrective Services v GREAT [2004] NSWCA 291 Tuch v SouthEastern Sydney and Illawarra Area Health Service [2009] NSWSC 1207 Laws v. Australian Broadcasting Tribunal [1990] HCA 31 ; (1990) 170 CLR