Halaka v Liberal Party of Australia New South Wales Division [2015] NSWSC 1634

Supreme Court New South Wales

Medium Neutral Citation: Halaka v Liberal Party of Australia New South Wales Division [2015] NSWSC 1634 Hearing dates: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Equity Before: White J Decision: Application for summary dismissal refused Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – plaintiff seeks declarations in respect of validity of motions passed by political association – whether declarations could have utility – held, dismissing the application, that it is reasonably arguable that the declarations would have utility Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Wilcox v Kogarah Golf Club Ltd (1995) 14 ACLC 421 Category: Procedural and other rulings Parties: Ihab Abdel Halaka (Plaintiff) Liberal Party of Australia New South Wales Division (Defendant) Representation: Counsel: J Loxton (Plaintiff) S Duggan (Defendant)

Solicitors: Robert Balzola & Associates (Plaintiff) Swaab Attorneys (Defendant) File Number(s): 2014/44340

Judgment 1. HIS HONOUR: The defendant is the New South Wales Division of the Liberal Party of Australia. It seeks an order that these proceedings be summarily dismissed. The proceedings were commenced on 12 February 2014. The plaintiff is a member of the Wentworthville Young Liberals branch. He became aware of the possibility that the branch would be suspended by a resolution of the State Executive on 7 February 2014. 2. On that day, the State Executive passed resolutions that included a resolution that the branch be suspended until the conclusion of the meeting of State Executive on 28 March 2014, and other resolutions affecting the eligibility of members of the branch to stand for office to be elected by a forthcoming conference of the party. 3. The plaintiff also sought interlocutory relief but it was unnecessary for him to proceed with that application as a result of resolutions passed by the State Executive on 19 February 2015, allowing members of the branch to stand for office and elect office bearers at the then-upcoming annual general meeting of the Granville State Electoral Conference and the Parramatta Federal Electoral Conference. 4. These proceedings were referred to mediation. On 11 April 2014, prior to the mediation, a Ms Smee, a Party Affairs Manager of the defendant, advised the plaintiff that it was imperative that the mediation proceed promptly, and if it did not take place before a certain date, "we will commence dissolution proceedings of the Wentworthville Young Liberal Branch". A mediation was held but was unsuccessful. 5. On 15 October 2014, the plaintiff filed a statement of claim. In it, he challenges resolutions passed by the State Executive on 7 February 2014. He pleads that the purported suspension of the branch and of his rights and privileges was made in breach of cl 20.2.2 and 20.2.3 of the defendant's constitution together with appendix 5 entitled "Procedural Fairness". 6. Clause 20 of the constitution relevantly provides: "20.2 SUSPENDING A BRANCH OR CONFERENCE 20.2.1 State Executive May Suspend Branch or Conference State Executive may suspend a Branch or Conference 20.2.2 Procedure for Suspending a Branch or Conference State Executive may suspend a Branch or Conference under clause 20.2.1 only if each member of State Executive and that Branch or Conference is given at least 28 days' notice in writing that a motion to suspend the Branch or Conference will be put at a meeting of State Executive and with respect to that motion State Executive follows the procedural fairness provisions in Appendix 5. 20.2.3 Effect of Suspension During any period of suspension of any Branch or Conference, no member of the Branch or Conference may act as a State Council delegate or participate in the meeting of a Selection Committee. 20.2.4 State Executive May Refer Questions of Fact to the Disputes Panel State Executive may refer to the Disputes Panel for determination any question of fact with respect to a proposed motion to suspend a Branch or Conference. (1) A Branch or Conference suspended by State Executive has a right of appeal to State Council at its next meeting. 20.2.5 Right of Appeal (2) State Council may confirm or quash the suspension. (3) Notice of appeal must be in writing and given to the State Director within seven days after the passing of the motion by State Executive. (4) Any motion at State Council to quash the suspension must be carried by 60% majority of its members present and voting. 20.2.6 Effect of Appeal and Expiration of Period of Suspension On the expiration of a period of suspension or the passing of a motion by State Council to quash the suspension by State Executive of a Branch or Conference, the rights of the Branch are deemed to have continued without interruption from the time it was suspended until the expiration of the suspension or the passing of the motion by State Council (as the case may be), but with respect only to things to be done or to be determined after that later time."