Raue v Morris and ors [2014] NSWSC 215

Supreme Court New South Wales

Medium Neutral Citation: Raue v Morris and ors [2014] NSWSC 215 Hearing dates: 15 November 2013; 6 December 2013; 20 December 2013. Decision date: 17 March 2014 Before: Bellew J Decision: 1.The order restraining the defendants from proceeding, in their capacity as members of the Board of the University of Sydney Union, to entertain or determine the motion prepared by the first, second and third defendants that the plaintiff be found guilty of serious misconduct and that he cease to hold office immediately, is vacated. 2.The summons is dismissed. 3.The plaintiff is to pay the costs of the first to eighth defendants, and the tenth to thirteenth defendants, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - where plaintiff a member of the Board of unincorporated association - where motion before the Board for expulsion of the plaintiff from his position as a Director - whether power vested in the Board to expel the plaintiff

ADMINISTRATIVE LAW - where interim injunction granted preventing the Board from considering the motion for expulsion - where no decision yet made - whether appropriate for the court to intervene in such circumstances and grant declaratory relief - where intervention of the court would amount to a determination of the merits - intervention not appropriate in the absence of a decision having been made by the primary decision maker Cases Cited: Australian Football League v Carlton Football Club Limited [1988] 2 VR 546 Carbines v Powell (1925) 36 CLR 88 at 92; Coco v AN Clark (Engineers) Limited [No2] [1969] RPC 41 at 47 Corrs Pavey Whiting and Byrne v Collector of Customs (Vic) and anor (1987) 14 FCR 434 Dickeson v Edwards (1910) 10 CLR 243 Islamic Council of South Australia Inc v Australian Federation of Islamic Councils Inc (2009) NSWSC 211 Lee v Showmen's Guild of Great Britain [1952] QB 329 Mitchell v Royal New South Wales Canine Council (2001) 52 NSWLR 242 Morton v Union Steamship Company of New Zealand Limited (1951) 83 CLR 402 Raue v Morris [2013] NSWSC 1498 Category: Principal judgment Parties: Thomas Raue - Plaintiff Hannah Morris - First defendant Sophie Stanton - Second defendant John Harding-Easson - Third defendant Karen Chau - Fourth defendant Kade Denton - Fifth defendant Evelyn Radunz - Sixth defendant Robert Magyar - Seventh defendant Rotara Waniganayaka - Eighth defendant Bebe Arhna D'Souza - Ninth defendant Timothy Matthews - Tenth defendant Astha Rajvanshi - Eleventh defendant Emma McDonald - Twelfth defendant Simon Whetton - Thirteenth defendant Representation: Counsel: Ms L Doust - Plaintiff Mr G Sirtes SC and Mr D Robertson - First to eighth defendants and tenth to thirteenth defendants Solicitors: Kemp Strang - First to eighth defendants; tenth to thirteenth defendants File Number(s): 2013 / 303821 Publication restriction: Nil