North Sydney District Rugby League Football Club Limited & 1 Ors v David Hill & 3 Ors [2000] NSWSC 249

North Sydney District Rugby League Football Club Limited & 1 Ors v David Hill & 3 Ors [2000] NSWSC 249

The Deed of Company Arrangement does not abrogate members' powers to elect directors, but administrator's powers take precedence where exercised. All defendants referred in paragraph 1.2 of the Summons, including Mr Hill, are eligible to stand for office as directors provided past subscriptions have been paid, including arrears.

Parties
First Plaintiff: North Sydney District Rugby League Football Club Limited (subject to Deed of Company Arrangement); Second Plaintiff: Max Christopher Donnelly (as Administrator of the Deed of Company Arrangement of the First Plaintiff); First Defendant: David Hill; Second Defendant: Sam Sorrenti; Third Defendant: Willis Anthony Salier; Fourth Defendant: Peter Derwent
Jurisdiction
Australia
Judgment Date
29 March 2000
Procedural Posture
Declaratory Relief / Judgment
Outcome
Declarations made
Legal Topics
Deed of Company Arrangement, Election of Board by Members, Construction of Regulations of Constitution, Eligibility for Election as Director
Corporations Deed of Company Arrangement Election of Board by Members Construction of Regulations of Constitution Eligibility for Election as Director

Case Brief

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Parties

North Sydney District Rugby League Football Club Limited (subject to Deed of Company Arrangement)

First Plaintiff

Max Christopher Donnelly (as Administrator of the Deed of Company Arrangement of the First Plaintiff)

Second Plaintiff

David Hill

First Defendant

Sam Sorrenti

Second Defendant

Willis Anthony Salier

Third Defendant

Peter Derwent

Fourth Defendant

Procedural Posture

Declaratory Relief / Judgment

Legal Issues

  1. 1 Does the Deed of Company Arrangement supersede members' powers to elect directors?
  2. 2 Are certain defendants eligible for board election according to the Club's constitution?

Ratio Decidendi

The Deed of Company Arrangement does not abrogate members' powers to elect directors, but administrator's powers take precedence where exercised. All defendants referred in paragraph 1.2 of the Summons, including Mr Hill, are eligible to stand for office as directors provided past subscriptions have been paid, including arrears.

Court Disposition

Declarations made

Orders

  • Declarations that directors are entitled to stand for office
  • Other orders and declarations in attached terms