Abela v Royal New South Wales Canine Council Limited trading as Dogs New South Wales [2015] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: Abela v Royal New South Wales Canine Council Limited trading as Dogs New South Wales [2015] NSWSC 242 Hearing dates: 9 March 2015 Decision date: 12 March 2015 Jurisdiction: Equity Division - Duty List Before: White J Decision: Refer to para [77] of judgment. Catchwords: VOLUNTARY ASSOCIATIONS – plaintiff challenges the validity of a purported decision of the defendant, a company incorporated by guarantee, to suspend the plaintiff's membership – plaintiff claims that decision was affected by actual bias – application by plaintiff for interlocutory mandatory injunctions requiring that she be reinstated as a member pending final determination of the dispute – whether balance of convenience favours granting mandatory injunctions – whether there is a justiciable dispute where the defendant's decision did not affect the plaintiff's property interests or livelihood – held that: (1) the effect of the decision on the plaintiff's reputation may give rise to a justiciable issue; (2) there is a serious question to be tried as to the invalidity of the decision because actual bias on the part of any decision-makers may invalidate the decision; and (3) the plaintiff is entitled to mandatory injunctions reinstating her membership subject to conditions Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Businessworld Computer Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 Sturt v Farran, Bishop of Newcastle [2012] NSWSC 400 Australian Workers' Union v Bowen No 2 (1948) 77 CLR 601 IW v City of Perth (1997) 191 CLR 1 Cameron v Hogan (1934) 51 CLR 358 Rush v WA Amateur Football League (Inc) [2007] WASCA 190; (2007) 35 WAR 101 Islamic Council of South Australia Inc v Australian Federation of Islamic Councils Inc [2009] NSWSC 211 Category: Procedural and other rulings Parties: Nellie Abela (Plaintiff) Royal New South Wales Canine Council Limited trading as Dogs New South Wales (Defendant) Representation: Counsel: A Isaacs (Plaintiff) D A McLure (Defendant)