Ovchinnikov v Russian Sports & Social Club Inc [2012] NSWSC 828

Ovchinnikov v Russian Sports & Social Club Inc [2012] NSWSC 828

The first defendant is required by s 50(3) of the Associations Incorporation Act 2009 (NSW) to provide the plaintiffs, within 28 days, English translations of documents brought into existence after 1 July 2010 that either record and explain the financial transactions and financial position of the association or are minutes of proceedings of its committee or general meetings, as specified in the plaintiffs' request of 26 February 2012; however, there is no requirement that such translations be certified by a duly accredited translator nor that other documents be translated. The request for referral to mediation was refused.

Jurisdiction
Australia
Judgment Date
03 July 2012
Procedural Posture
Interlocutory Application / Determination of Notice of Motion on Translation of Documents and Mediation Referral
Outcome
Notice of motion granted in part; first defendant ordered to provide English translations of certain documents; no order for mediation; costs in the proceedings.
Legal Topics
['incorporated Associations' 'statutory Interpretation' 'mandatory Injunctions' 'translation of Documents' 'mediation']
['associations and Clubs' 'civil Procedure'] ['incorporated Associations' 'statutory Interpretation' 'mandatory Injunctions' 'translation of Documents' 'mediation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Determination of Notice of Motion on Translation of Documents and Mediation Referral

Legal Issues

  1. 1 ['Whether the defendant is required under s 50(3) of the Associations Incorporation Act 2009 (NSW) to provide English translations of its records and minutes' 'Whether the plaintiff is entitled to a mandatory injunction requiring provision of English translations of documents' 'Whether translations must be certified by a duly accredited translator' 'Whether the proceedings should be referred to mediation']

Ratio Decidendi

The first defendant is required by s 50(3) of the Associations Incorporation Act 2009 (NSW) to provide the plaintiffs, within 28 days, English translations of documents brought into existence after 1 July 2010 that either record and explain the financial transactions and financial position of the association or are minutes of proceedings of its committee or general meetings, as specified in the plaintiffs' request of 26 February 2012; however, there is no requirement that such translations be certified by a duly accredited translator nor that other documents be translated. The request for referral to mediation was refused.

Court Disposition

Notice of motion granted in part; first defendant ordered to provide English translations of certain documents; no order for mediation; costs in the proceedings.

Orders

  • ['Within 28 days the first defendant provide to the plaintiffs an English translation of such of the documents falling within the notice dated 26 February 2012 as were brought into existence after 1 July 2010, being records that record and explain the financial transactions and financial position of the first...