Supreme Court New South Wales Medium Neutral Citation: Kenny v The Council of the Law Society [2017] NSWSC 908 Hearing dates: 6 July 2017 Date of orders: 06 July 2017 Decision date: 06 July 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Interlocutory injunction granted on a limited basis. Catchwords: INJUNCTION – ex parte – injunction sought – Council meeting - motion to remove elected plaintiff from office – serious issue to be tried – question of procedural fairness – balance of convenience established – short injunction granted on a limited basis – reasons Legislation Cited: Supreme Court Act 1970 (NSW) Category: Procedural and other rulings Parties: Coralie Kenny (Plaintiff) The Council of the Law Society of New South Wales (Defendant) Representation: Counsel: Mr P Griffin SC (Plaintiff) Solicitors: Hicksons (Plaintiff) File Number(s): 2017/205719 Publication restriction: No EX TEMPORE Judgment 1. HER HONOUR: I propose to grant an interlocutory injunction on a limited basis in the following terms: "That the Council of the Law Society of New South Wales not vote upon any resolution relating to the proposed removal of Coralie Kenny from the position of junior vice president at the meeting of the council notified to commence at 8.30am on Friday 7 July 2017, or any subsequently convened meeting until further order of the Court. For that purpose, the matter will come into the list at 2pm tomorrow." 1. The reasons for the making of that order are shortly these. 2. The matter has come into the list ex parte today in circumstances where the summons and supporting affidavit were earlier today served upon the Law Society's solicitors. After direction from me, service was attempted upon the Law Society itself. Those endeavours did not result in any appearance at the hearing. 3. There is no question of the Court's power under s 66 of the Supreme Court Act 1970 (NSW) to restrain any threatened or apprehended breach of contract or other injury. The plaintiff gave at the ex parte hearing the required undertaking as to damages. 4. The supporting affidavit sworn by Ms Kenny establishes circumstances in which it is apparent that absent the order, it is likely that she may suffer injury if the vote proposed at tomorrow's Council meeting proceeds. The affidavit discloses not only the circumstances in which the meeting in question has been called, but endeavours on Ms Kenny's part to obtain information as to the basis of the motion to remove her from the position of junior vice president of the Law Society. 5. Ms Kenny has not been provided with information that she has sought, and which clearly she requires, in order to be able to meet whatever it is that has motivated the motion. The correspondence between Ms Kenny's solicitor and the Law Society's solicitor makes it clear that there is an issue lying between the parties as to whether the Council is bound by rules of natural justice and procedural fairness, Ms Kenny contending that she is, given the serious reputational damage, amongst other things, which she faces from the pursuit of the motion. 6. The Law Society's solicitors contend that the notion that the rules of natural justice arise in circumstances such as this is novel and unfounded. No authority has been referred to by either party which supports their respective views. They cannot both be right. 7. In the circumstances, the questions which arise are whether the matter should be dealt with ex parte, whether a serious question arises to be tried, and what the balance of convenience dictates. 8. In the circumstances, given that the meeting is to take place at 8.30am tomorrow, and the efforts which have been made to put the Law Society on notice of the approach to the Court and of the hearing, I was satisfied that the matter should be dealt with ex parte, notwithstanding what I had announced at the commencement of the hearing, as to having to raise with the parties the fact that I know Mr Blanch, the plaintiff's solicitor, socially. Given the urgency of the circumstances and the approach to the Court which arose to be dealt with by me, sitting as duty judge, I took the view that I had to deal with the matter. 9. It is quite apparent from what is before the Court and what I have discussed that there is a serious question to be tried and that there is a probability that Ms Kenny will be entitled to relief, given the nature of the body in question; her position in it; and the consequences of an adverse decision on the motion, in circumstances where it seems that she is to be given no notice at all as to the reasons for and basis of the pursuit of the motion to remove her from the office to which she was elected. 10. The balance of convenience, I am also satisfied in the circumstances, favours the grant of the injunction in the terms I have outlined for the short period before the parties can come before the Court. 11. I direct in the meantime that notice be given to the Law Society of the terms of the order that I have made, and of the listing tomorrow. In the meantime, I will attempt to provide to the parties these short reasons. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 July 2017