An v Joo [2019] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: An v Joo [2019] NSWSC 39 Hearing dates: 29 January 2019 Date of orders: 31 January 2019 Decision date: 04 February 2019 Jurisdiction: Equity Before: Kunc J Decision: Order made validating election of current management committee on terms that new election be conducted after independent audit of financial affairs Catchwords: ASSOCIATIONS AND CLUBS – incorporated associations – other matters – church – admitted irregularities over a period of years in relation to conduct of annual general meetings and election of management committee – whether just and equitable for Court to declare current committee to have been validly elected notwithstanding irregularities on condition that new elections be held under supervision of an independent accountant after independent audit of financial records – Corporations Act 2001 (Cth), s 1322(4)(a) Legislation Cited: Associations Incorporation Act 2009 (NSW) Charitable Trusts Act 1993 (NSW) Corporations Act 2001 (Cth) Cases Cited: Chen v Liu [2015] NSWSC 161 Elderslie Finance Corp Ltd v Australian Securities Commission (1993) 11 ACSR 157 Category: Procedural and other rulings Parties: James An (Plaintiff)

Jeung Oh Joo (First Defendant) Tae Jun Gim (Second Defendant) Jung Hyun Kim (Third Defendant) Dong Boo Kim (Fourth Defendant) Dug Ryang Chung (Fifth Defendant) Ki Boo Song (Sixth Defendant) Joon Hui Jang (Seventh Defendant) Open Door Korean Cultural Society Limited (ACN 615 471 068) (Eighth Defendant) Open Door Church Incorporated (INC 9880520) (Ninth Defendant) Abraham Min (Tenth Defendant) Chang Gun Jeon (Eleventh Defendant) Ho In Park (Twelfth Defendant) In Soon Kang (Thirteenth Defendant) Hongkuk Kim (Fourteenth Defendant) Sang Lip Kim (Fifteenth Defendant) Young Kwon (Sixteenth Defendant) Attorney General for New South Wales (Seventeenth Defendant) Representation: Counsel: