Qube Holdings Ltd v Residents Against Intermodal Development Moorebank Inc [2017] NSWCA 250

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Qube Holdings Ltd v Residents Against Intermodal Development Moorebank Inc [2017] NSWCA 250 Hearing dates: 27 September 2017 Decision date: 09 October 2017 Before: Macfarlan JA at [1]; Meagher and Payne JJA at [53] Decision: (1) Leave to appeal granted. (2) Appeal dismissed with costs. Catchwords: VOLUNTARY ASSOCIATIONS – Associations Incorporation Act 2009 (NSW) s 6(2)(b) and Schedule 2 – meaning of "unincorporated body" – whether an "unincorporated body" must have a constitution or set of rules making provision for membership and voting, and a list or register of members – description of unincorporated bodies given in Kibby v Registrar of Titles [1999] 1 VR 861 applied

VOLUNTARY ASSOCIATIONS – Associations Incorporation Act 2009 (NSW) s 39 – "special resolution" – whether the procedure for passing a special resolution prescribed in s 39 is applicable to an unincorporated body not yet registered under the Associations Incorporation Act – meaning to be given to "special resolution" as it is used in s 6(2)(b) of the Act Legislation Cited: Associations Incorporation Act 2009 (NSW) ss 4, 6, 7, 8, 39, Sch 2 Environmental Planning and Assessment Act 1979 (NSW) ss 4, 79(5), 98 Interpretation Act 1987 (NSW) s 6 Cases Cited: Benbrika v The Queen (2010) 29 VR 593; [2010] VSCA 281 Cometa United Corporation and Tradewood Shipping Company v Canterbury Regional Council [2007] NZCA 560; [2008] NZAR 215 Conservative Office v Burrell [1982] 1 WLR 522 In re Duomatic Ltd [1969] 2 Ch 365 Kibby v Registrar of Titles [1999] 1 VR 861; [1998] VSC 148 MYT Engineering Pty Ltd v Mulcon Pty Ltd (1999) 195 CLR 636; [1999] HCA 24 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: Qube Holdings Ltd (Applicant) Residents Against Intermodal Development Moorebank Inc (First Respondent) NSW Minister for Planning (Second Respondent) File Number(s): CA 2017/282788 Decision under appeal Court or tribunal: Land and Environment Court New South Wales Jurisdiction: Class 1 Citation: [2017] NSWLEC 115 Date of Decision: 12 September 2017 Before: Preston CJ at LEC File Number(s): 2017/81889