Young v New South Wales Radio Yachting Association Inc [2013] NSWSC 383

Supreme Court New South Wales

Medium Neutral Citation: Young v New South Wales Radio Yachting Association Inc [2013] NSWSC 383 Hearing dates: 3 and 4 April 2013 Decision date: 19 April 2013 Before: Ball J Decision: Proceedings dismissed with costs. Catchwords: LAW OF ASSOCIATIONS - operation of the Associations Incorporation Act 1984 (NSW) and Associations Incorporation Act 2009 (NSW) - incorporation of model rules and model constitution into an incorporated association's constitution - expulsion of member of association - whether member afforded natural justice Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW) Associations Incorporation Regulation 1999 (NSW) Associations Incorporation Regulation 2010 (NSW) Cases Cited: Australian Workers Union v Bowen (No 2) [1948] HCA 35; (1948) 77 CLR 601 Goodwin v Vietnam Veterans Motor Cycle Club Australia NSW Chapter Inc [2008] NSWSC 154; (2008) 72 NSWLR 224 McClelland v Burning Palms Surf Life Saving Club [2002] NSWSC 470; (2002) 191 ALR 759 Young v Cotter [1996] NSWCA 573 Category: Principal judgment Parties: Greg Young (Plaintiff) New South Wales Radio Yachting Association Inc 9880206 (Defendant) Representation: RK Newton (Plaintiff) E Petersen (Defendant) Carmody Lawyers (Plaintiff) GMH Lawyers (Defendant) File Number(s): 2012/190744 Publication restriction: No

Judgment 1The plaintiff, Mr Young, seeks a declaration that his purported expulsion from the defendant association, the New South Wales Radio Yachting Association Inc (NSWRYA), on 12 April 2012 was invalid and ineffective. Mr Young also seeks a number of ancillary declarations and orders together with damages for the loss he says he has suffered as a consequence of his expulsion.