Macedonian Orthodox Community of Australia Ltd v Subeski [2013] NSWSC 22

Supreme Court New South Wales

Medium Neutral Citation: Macedonian Orthodox Community of Australia Ltd v Subeski [2013] NSWSC 22 Hearing dates: 7-8 November 2012 Decision date: 30 January 2013 Jurisdiction: Equity Division Before: Gzell J Decision: Declaration of validity of expulsion made and orders made for permanent restraint of defendant from representing that he was a member of the association and of its council. Catchwords: ASSOCIATIONS AND CLUBS - Expulsion, Suspension and Disqualification - council of plaintiff expelled defendant from membership - whether procedure for expulsion from membership of council should have been used Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Australian Football League v Carlton Football Club Ltd [1998] 2 VR 546 Australian Workers' Union v Bowen (No 2) [1948] HCA 35; (1948) 77 CLR 601 Battle v Bundagen Co-operative (No 2) [2011] NSWCA 38 Browne v Dunn (1893) 6 R 67 Cains v Jenkins (1979) 42 FLR 188 McNab v Auburn Soccer Sports Club Ltd [1975] 1 NSWLR 54 Mitchell v Royal New South Wales Canine Council Ltd [2001] NSWCA 162; (2001) 52 NSWLR 242 Re Compaction Systems Pty Ltd and the Companies Act [1976] 2 NSWLR 477 Whittle v Australian Miniature Pony Society Inc [1995] FCA 1267; (1995) 57 FCR 252 Wilcox v Kogarah Golf Club Ltd (1996) 14 ACLC 421 Winpar Holdings Ltd v Goldfields Kalgoorlie Ltd [2001] NSWCA 427; (2001) 166 FLR 144 Category: Principal judgment Parties: Macedonian Orthodox Community of Australia Ltd (Plaintiff) Alex Subeski (Defendant) Representation: Counsel: M McHugh SC (Plaintiff) M Bennett (Defendant) Solicitors: Henry Davis York (Plaintiff) Astoria Lawyers (Defendant) File Number(s): SC 2011/264876