Lukaszewicz v Polish Club Limited [2019] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: Lukaszewicz v Polish Club Limited [2019] NSWSC 446 Hearing dates: 29 – 31 January; 1 February; 6 February; 22 February; 26 – 28 February; 1 March; 5 – 8 March 2019 Decision date: 23 April 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Declarations to be made in respect of conduct as to admission and exclusion of members of the Club. Other declarations sought by the Plaintiffs not made and relief sought by the Plaintiffs not granted.

Directions to be made for the conduct of an inquiry as to damages suffered by the Club, and to the extent applicable the other Defendants and any third parties, which may fall within the scope of the Plaintiffs' undertaking as to damages given in support of interlocutory relief. Catchwords: CORPORATIONS – members' rights and remedies – oppression – admission of applicants to membership of a social club – where board of the club has rejected many applicants for admission to membership – whether the conduct resulting in the rejection of those applications constituted oppression – whether a declaration should be made to that effect if that conduct was oppressive – whether a receiver should be appointed if the conduct constituted oppression.

CORPORATIONS – members' rights and remedies – oppression – conduct of general meeting – where members were excluded from general meeting – whether exclusion of members from meeting was oppressive – whether resolution passed at general meeting should be set aside.

CORPORATIONS – members' rights and remedies – oppression – whether the appointment of a court-appointed receiver would be appropriate relief. Legislation Cited: - Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) - Corporations Act 2001 (Cth) ss 53, 232, 233, 233(1)(h), 233(1)(j), 237 - Evidence Act 1995 (NSW) ss 136, 140 - Registered Clubs Act 1976 (NSW) s 41J Cases Cited: - Armagas Ltd v Mundogas SA (The Ocean Frost) [1985] 1 Lloyd's Rep 1 - Bale v Mills [2011] NSWCA 226; (2011) 81 NSWLR 498 - Briginshaw v Briginshaw (1938) 60 CLR 336 - Browne v Dunn (1893) 6 R 67 - Bull v The Australian Quarter Horse Association [2014] NSWSC 1665 - Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 - Camden v McKenzie [2007] QCA 136; [2008] 1 Qd R 39 - Catalano v Managing Australia Destinations Pty Ltd [2014] FCAFC 55; (2014) 314 ALR 62 - CECA Institute Pty Ltd v Australian Council for Private Education & Training (2010) 30 VR 555 - Craig v Silverbrook [2013] NSWSC 1687 - Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 - Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; (2001) 37 ACSR 672 - Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 - Gaiman v National Association for Mental Health [1971] Ch 317 - Holyoake Industries (Vic) Pty Ltd v V-Flow Pty Ltd [2011] FCA 1154; (2011) 86 ACSR 393 - John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1 - John J Starr (Real Estate) Pty Ltd v Robert R Andrew (Australasia) Pty Ltd (1991) 6 ACSR 63 - Khan v Khan; Re Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 638 - LPD Holdings (Aust) Pty Ltd v Phillips [2013] QSC 225; (2013) 281 FLR 227 - McInnes v Onslow-Fane [1978] 1 WLR 1520 - Millar v Houghton Table Tennis & Sports Club Inc [2003] SASC 1 - Mopeke Pty Ltd v Airport Fine Foods Pty Ltd [2007] NSWSC 153; (2007) 61 ACSR 395 - Morgan v 45 Flers Avenue Pty Ltd (1986) 10 ACLR 692 - Munstermann v Rayward [2017] NSWSC 133 - Pettit v South Australian Harness Racing Club Inc [2006] SASC 306; (2006) 95 SASR 543 - Re Carlton Football Club Ltd; Gratton v Carlton Football Ltd [2004] VSC 379; (2004) 51 ACSR 29 - Re Colorado Products Pty Ltd (in prov liq) [2014] NSWSC 789; (2014) 101 ACSR 233 - Re ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd [2018] NSWSC 1315 - Re JGS Investment Holdings Pty Ltd [2014] NSWSC 1532 - Sandy v Yindjibarndi Aboriginal Corporation RNTBC (No 4) [2018] WASC 124; (2018) 126 ACSR 370 - State of New South Wales v Hunt [2014] NSWCA 47 - Taxa Australia Pty Ltd v Wang [2016] NSWSC 1913 - Thomas v HW Thomas Ltd [1984] 1 NZLR 686; (1984) 2 ACLC 610 - Tomanovic v Global Mortgage Equity Corporation Pty Ltd [2011] NSWCA 104 - Watson v Foxman (1995) 49 NSWLR 315 - Wayde v New South Wales Rugby League Ltd [1985] HCA 68; (1994) 180 CLR 459 - Westpac Banking Corporation v Bell Group Ltd (in liq) (No 3) [2012] WASCA 157; (2012) 89 ACSR 1 Category: Principal judgment Parties: Kazimiera Lukaszewicz (First Plaintiff) Mick Wykrota (Second Plaintiff) Waclaw Jagoszewski (Third Plaintiff) Dariusz Plust (Fourth Plaintiff) Polish Club Limited (First Defendant) Ryszard Borysiewicz (Second Defendant) Hania Geras (Third Defendant) Robert Czernkowski (Fourth Defendant) Mateusz Konopka (Fifth Defendant) Eleonora Olivia Danuta Paton (Sixth Defendant) Representation: Counsel: M B Evans/E P Anderson (Plaintiffs) M T McCulloch SC/R W Notley (Defendants)