Hall v Job [1952] HCA 57

Hall v Job [1952] HCA 57

A subordinate Lodge constituted under the Loyal Orange Institution of NSW is not a separate voluntary association whose property becomes divisible among members on dissolution. By the Institution's rules, on dissolution, the Lodge's property vests in the Grand Lodge to be held in trust; members are thus not beneficially entitled to the property upon dissolution.

Parties
Appellants/plaintiffs: William Joseph Hall, Leslie Loftus Miller, Herbert Watts, Owen Arnold White, Oswin Thomas Job, Leslie Ward, Harold Ward, Cyril Sampson, Leslie Horton, Harold Laybutt, Kenneth Laybutt, Norman Russell Carey, Cecil Arnold Moon; Respondents/defendants: Roy Arthur Richard Job, Colin Keith Butchers White, John Orr, Silas Alfred Horton, Leonard Wilkinson Trevenar, Joseph Sperring, Registrar-General, Silas Alfred Horton, Trevenar, Sperring (trustees of Grand Lodge)
Jurisdiction
Australia
Judgment Date
30 October 1952
Procedural Posture
Appeal (equitable Suit) / Appeal From Supreme Court of New South Wales (roper C.j. in Eq.), High Court Judgment
Outcome
Appeal dismissed. Supreme Court decree affirmed.
Legal Topics
Dissolution of Voluntary Associations, Beneficial Entitlement to Property, Interpretation of Association Rules, Subordinate Lodges and Trusts
Equity Trusts and Estates Property Law Associations and Societies Dissolution of Voluntary Associations Beneficial Entitlement to Property Interpretation of Association Rules Subordinate Lodges and Trusts

Case Brief

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Parties

William Joseph Hall, Leslie Loftus Miller, Herbert Watts, Owen Arnold White, Oswin Thomas Job, Leslie Ward, Harold Ward, Cyril Sampson, Leslie Horton, Harold Laybutt, Kenneth Laybutt, Norman Russell Carey, Cecil Arnold Moon

Appellants/plaintiffs

Roy Arthur Richard Job, Colin Keith Butchers White, John Orr, Silas Alfred Horton, Leonard Wilkinson Trevenar, Joseph Sperring, Registrar-General, Silas Alfred Horton, Trevenar, Sperring (trustees of Grand Lodge)

Respondents/defendants

Procedural Posture

Appeal (equitable Suit) / Appeal From Supreme Court of New South Wales (roper C.j. in Eq.), High Court Judgment

Legal Issues

  1. 1 Whether members of a subordinate Lodge are beneficially entitled to Lodge property upon dissolution
  2. 2 Whether property of a dissolved subordinate Lodge vests in Grand Lodge or members
  3. 3 Interpretation of association rules governing property and dissolution

Ratio Decidendi

A subordinate Lodge constituted under the Loyal Orange Institution of NSW is not a separate voluntary association whose property becomes divisible among members on dissolution. By the Institution's rules, on dissolution, the Lodge's property vests in the Grand Lodge to be held in trust; members are thus not beneficially entitled to the property upon dissolution.

Court Disposition

Appeal dismissed. Supreme Court decree affirmed.

Orders

  • Suit dismissed with costs.