Daphne Lowe v Australian Chinese Community Association of NSW (No. 2) [2010] NSWSC 1375

New South Wales Supreme Court

CITATION : Daphne Lowe v Australian Chinese Community Association of NSW (No. 2) [2010] NSWSC 1375 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10 September 2010, 16 September 2010

JUDGMENT DATE : 1 December 2010

JUDGMENT OF : Slattery J at 1

DECISION : See paragraphs 65 and 66 of judgment.

CATCHWORDS : Associations and Clubs - Expulsion, suspension and disqualification - association incorporated under Associations Incorporat Act 2009 - expulsion of member - plaintiff member contends holding of proposed special general meeting would contravene Association's Rules - whether meeting would transact other business in addition to expulsion, whether Association is acting without a "complaint" within the meaning of the Rules - whether a denial of procedural fairness - equitable remedies - HELD - injunction granted.

LEGISLATION CITED : Associations Incorporations Act 2009 ss 20, 26, 29

CATEGORY : Principal judgment

A-G for South Australia v Piepkorn [2005] SASC 425 Associated Provincial Picture Houses Limited v Wednesbury Corporation (1948) 1 KB 223 Baltic Shipping Company v Dillon (1992) 176 CLR 344 Daphne Lowe v Australian Chinese Community Association of NSW [2010] NSWSC 1071 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 CASES CITED : Goodwin v Vietnam Veteran Motor Cycle Club Australia NSW Chapter Inc (2008) 74 NSWLR 224 Hawick v Flegg (1958) 75 WN (NSW) 255 IW v City of Perth (1997) 191 CLR 1 McClelland v Burning Palms Surf Lifesaving Club (20020 191 ALR 759; [2002] NSWSC 470 McGoven v Kurringai Council (2008) 72 NSWLR 504 Randazzo v New South Wales Sport Aircraft Club [2009] NSWSC 1473 The Bodalla Company Pty Limited v Registrar of Co-operative Societies, Supreme Court of NSW, 6 December 1988, (unreported) BC8801258