In the matter of St Gregory's Armenian School Inc (in liquidation) [2011] NSWSC 936

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School Inc (in liquidation) [2011] NSWSC 936 Hearing dates: 4, 5, 8 & 18 August 2011 Decision date: 08 August 2011 Jurisdiction: Common Law Before: Hammerschlag J Decision: Amended Interlocutory Process is dismissed with costs Catchwords: INCORPORATED ASSOCIATIONS - incorporated association in liquidation - where employee teachers obtained judgments in Chief Industrial Magistrate's Court against the association prior to its winding up and liquidator intends to accept proofs of debt based on those judgments and to pay them to the extent that they are priority debts and claims under s 556(1) of the Corporations Act 2001 (Cth) - applicants seek injunctions restraining the liquidator from doing so - s 53(3) of the Associations Incorporation Act 1984 (NSW) - applicants claim to be persons aggrieved and that relief sought relates to distribution of surplus property - applicants claim that judgments in Chief Industrial Magistrate's Court (including consent judgments) are void because claims not governed by industrial award - Teachers (Catholic Independent Schools) (State) Award 2006 - held proceedings are not in relation to surplus property - held claims were subject to industrial award - held not shown that judgments of Chief Industrial Magistrate's Court are void - proceedings dismissed Legislation Cited: Teachers (Catholic Independent Schools) (State) Award 2006 Corporations Act 2001 (Cth) Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW) Supreme Court Act 1970 (NSW) Industrial Relations Act 1996 (NSW) Category: Principal judgment Parties: Michael Ghougassian, Daniel Ghougassian - Applicants St Gregory's Armenian School Inc (In Liquidation), Roderick Mackay Sutherland (As Liquidator of St Gregory's Armenian School Inc (In Liquidation) - Respondents Representation: Counsel: P.E. King - Applicants J.K. Taylor - Respondents S.M. Golledge - Intervening Creditors