Battle v Bundagen Co-operative Ltd (No 2) [2011] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Battle v Bundagen Co-operative Ltd (No 2) [2011] NSWCA 38 Hearing dates: 8 February 2011 Decision date: 08 March 2011 Before: Hodgson JA at 1; Campbell JA at 86; Sackville AJA at 88 Decision: (1) Leave to appeal granted, notice of appeal to be filed within fourteen days. (2) Appeal allowed and orders below set aside. (3) Order that the Co-operative's proceedings be dismissed. (4) Mr Battle's submissions on costs to be provided within fourteen days, and submissions by the Co-operative on costs to be provided within a further fourteen days. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CO-OPERATIVES - Rules - Rule providing for expulsion of member by resolution of general meeting - Construction of rule - Requirements for validity of resolution - Content of requirements of natural justice - Effect of rule concerning resolution of disputes. Legislation Cited: Co-operatives Act 1992 Division 4 of Part 4 ss 89 and 90; Division 5 of Part 4 s 99; Part 5 s 106; Part 8 ss 176, 189, 190B and 197(10); Part 17 s 440A Co-operatives Regulation cl 23 Corporations Act 2001 (Cth) s 1322 Uniform Civil Procedure Rules r 14.14 Cases Cited: Barnes v Australian Telecommunications Commission [1989] FCA 47; (1989) 25 FCR 283 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Forge v Australian Securities and Investment Commission [2004] NSWCA 448; (2004) 52 ACSR 1 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Malone v Marr [1981] 2 NSWLR 894 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 McClelland v Burning Palms Surf Life Saving Club [2002] NSWSC 470 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 Randazzo v New South Wales Sports Aircraft Club [2009] NSWSC 1473 Whittle v Australian Miniature Pony Society Incorporated [1995] FCA 1267; (1995) 57 FCR 252 Category: Principal judgment Parties: Christopher BATTLE (appellant) BUNDAGEN CO-OPERATIVE LTD (respondent) Representation: Counsel: J DOYLE/ L GOODCHILD (Ms) (appellant) P SINGLETON (respondent) Solicitors: In Person (appellant) Carty & Cox Solicitors (respondent) File Number(s): 2009/293060 Decision under appeal Citation: Bundagen Co-operative v Battle [2010] NSWSC 160 Date of Decision: 2010-03-05 00:00:00 Before: Latham J File Number(s): 11238/2009