Kevin as the Public Officer of the Wat Buddhalavarn Incorporated Prakoonheang v Thonsoun Phantha-oudomm, Abbot of the Wat Buddhalavarn Monastery [2016] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: Kevin as the Public Officer of the Wat Buddhalavarn Incorporated Prakoonheang v Thonsoun Phantha-oudomm, Abbot of the Wat Buddhalavarn Monastery [2016] NSWSC 305 Hearing dates: 26 February 2016, 1 March 2016 (additional submissions) Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Equity Before: Slattery J Decision: Declarations made as between the plaintiff and the first defendant that the resolutions of the June 2012 and January 2013 meetings are invalid and of no legal force and effect. Leave granted to amend the Statement of Claim as proposed apart from the pleaded claim for false and misleading representations. Catchwords: ASSOCIATIONS – Association incorporated under the Associations Incorporation Act 1984 and continues under the Associations Incorporation Act 2009 – association conducts Buddhist temple with connections to the Laotian community – plaintiff dismissed from position as Public Officer of the association in June 2012 and existing management committee dissolved by resolutions in which the first defendant participated – first defendant expelled by further meeting of association held in January 2013 and a new management committee appointed.

PLEADINGS AND PROCEDURE – application to amend statement of claim – whether part of amendments alleging mental anxiety are embarrassing in form – whether amendments should be allowed.

EQUITY – declarations – whether making of declarations lacks utility – where not all parties served in proceedings – where other parties may need to be joined before final hearing – where two parties, the principal antagonists in the proceedings, accept that the alleged meetings of the association of June 2012 and January 2013 were not properly convened. Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW) Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 1322(2) Cases Cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Baltic Shipping Co v Dillon (1993) 176 CLR 344 Eastmark Holdings Pty Ltd v Kabraji [2013] NSWSC 1763; (2013) 97 ACSR 161 Fawzi El-Saiedy v NSW Land and Housing Corporation (2011) NSWSC 820 Godly v Perry Burton & Sons (Bermondsey) Ltd [1961] All ER 36; [1961] WLR 9 Goodwin v Vietnam Veterans Motor Cycle Club Australia NSW Chapter Incorporated (2008) 72 NSWLR 224; [2008] NSWSC 154 John Alexander's Clubs Pty Limited v White City Tennis Club Limited (2010) 241 CLR 1; [2010] HCA 19 Khan v Khan; Re Islamic Association Western Suburbs of Sydney Inc [2015] NSWSC 638 Watts v Morrow [1991] All ER 937; [1991] 1 WLR 1421 Texts Cited: P W Young, Declaratory Orders (2nd ed 1984, Butterworths) Category: Principal judgment Parties: Plaintiff: Kevin Prakoonheang as Public Officer of the Wat Buddhalavarn Incorporated