Johnston v The Greens NSW [2019] NSWSC 215

Supreme Court New South Wales

Medium Neutral Citation: Johnston v The Greens NSW [2019] NSWSC 215 Hearing dates: 1 March 2019 Date of orders: 01 March 2019 Decision date: 06 March 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the plaintiffs' summons be dismissed.

(2) I will hear the parties on the issue of costs. Catchwords: ASSOCIATIONS AND CLUBS - general matters – interpretation of constitution - whether constitution required a recount of preselection votes in circumstances where a candidate was no longer a party member - impact of delay in bringing claim

ASSOCIATIONS AND CLUBS - jurisdiction of the courts - interference in internal management of political party registered in New South Wales under the Electoral Act 2017 (NSW) - interference in internal management of association incorporated under the Associations Incorporation Act 2009 (NSW) Legislation Cited: Associations Incorporation Act 2009 (NSW) Commonwealth Electoral Act 1918 (Cth) Electoral Act 2017 (NSW) Cases Cited: Australian Football League v Carlton Football Club Ltd [1998] 2 VR 546 Cameron v Hogan (1934) 51 CLR 358 Coleman v Liberal Party of Australia, NSW Division (No 2) [2007] NSWSC 736; 212 FLR 271 Ehiozee v EDO Nigerian Association of New South Wales Inc [2012] NSWSC 239 Faehrmann v Vucht [2018] NSWSC 397 James v Wilson [2019] NSWSC 17 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 Luen Fook Tong Inc v Lowe [2011] NSWSC 1004 Category: Principal judgment Parties: Daryl Lindsay Johnston (First Plaintiff) Christopher David Harris (Second Plaintiff) The Greens NSW (First Defendant) Christopher Maltby (Second Defendant) Amalina Wallace (Third Defendant) David Shoebridge (Fourth Defendant) Abigail Boyd (Fifth Defendant) Dawn Walker (Sixth Defendant) Riki Scanlan (Seventh Defendant) David Mallard (Eighth Defendant) Representation: Counsel: M Auld (Plaintiffs) J Kirk SC/D Hume (First, Seventh and Eighth Defendants) R Mansted (Fifth Defendant)