Young v New South Wales Radio Yachting Association Inc [2013] NSWCA 430

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v New South Wales Radio Yachting Association Inc [2013] NSWCA 430 Hearing dates: On the papers Decision date: 13 December 2013 Before: Basten JA; Meagher JA Decision: (1) Refuse leave to appeal. (2) Dismiss the appeal. (3) Order the applicant to pay the respondent's costs of the proceedings in this Court. [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: ADMINISTRATIVE LAW - natural justice -bias - membership of committee - whether knowledge of complaints a basis for disqualification - complainant declined to answer charge

ASSOCIATIONS AND CLUBS - discipline - rules of association - whether model rules incorporated into constitution containing express rules on discipline - inconsistency with statute Legislation Cited: Associations Incorporation Act 1984 (NSW), ss 9, 11, 19; Sch 1, cll 5, 5A Associations Incorporation Act 2009 (NSW), Sch 4, cl 4 Supreme Court Act 1970 (NSW), s 101 Category: Principal judgment Parties: Greg Young (Applicant) New South Wales Radio Yachting Association Inc (Respondent) Representation: Counsel: