Ray v Eastern Suburbs Motor Cycle Club Incorporated [2012] NSWSC 1151

Supreme Court New South Wales

Medium Neutral Citation: Ray v Eastern Suburbs Motor Cycle Club Incorporated [2012] NSWSC 1151 Hearing dates: 10 September 2012 Decision date: 26 September 2012 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 52 of this judgment. Catchwords: ASSOCIATIONS - whether property held on trust for unincorporated association is now held on trust for incorporated association - whether unincorporated association is "former association of the incorporated association" - whether Associations Incorporation Act 1984 only provides one mechanism for replacing unincorporated association with incorporated association - held that it does not. Legislation Cited: Associations Incorporation Act 1984 (NSW) (now replaced by the Associations Incorporation Act 2009) Associations Incorporation (Amendment) Act 1992 (NSW). Trustee Act 1925 (NSW) Cases Cited: Jobnet Employment Services Inc v Copeman [1999] NSWSC 848; (1999) 32 ACSR 554 Category: Principal judgment Parties: John Ennis Ray (First Plaintiff) Colin Gordon Chambers (Second Plaintiff) William George Neil Grindal (Third Plaintiff) Eastern Suburbs Motor Cycle Club Incorporated Inc No. Y04917-23 (First Defendant) Raymond John Goulter (Second Defendant) Brian Norman Greenfield (Third Defendant) Darrell James Aurisch (Fourth Defendant) Peter Isaacs (Fifth Defendant) John Lachlan Gardiner (Sixth Defendant) Alan Bradshaw (Seventh Defendant) James Taylor (Eighth Defendant) Representation: M K Meek SC / J A Waters (Plaintiff) Ms E K Glover (First Defendant) D Hand - Solicitor (Eighth Defendants) Kristofferson Legal Services (Plaintiff) Core Legal (First Defendant) David Hand Solicitor (Eighth Defendant) File Number(s): 2009/324955 Publication restriction: Nil