Loziou v Allen [2003] NSWSC 565

Loziou v Allen [2003] NSWSC 565

Because there was a serious question to be tried about whether the Lodge constitution and the rules of natural justice had been complied with, nothing in the evidence showed a need for the defendants to act within the next week, and there was a sufficient present basis for a representative injunction binding members and officers of the unincorporated association, the balance of convenience favoured extending the injunction until 5.00pm on 27 June 2003.

Jurisdiction
Australia
Judgment Date
19 June 2003
Procedural Posture
Equity Proceeding Concerning an Injunction in Representative Form Against Members and Officers of Horace Thompson Lodge Ryde / Return of Ex Parte Injunction and Application to Extend the Injunction Pending a Further Interlocutory Hearing
Outcome
Injunction in representative form extended.
Legal Topics
['interlocutory Injunction' 'representative Proceedings or Orders' 'unincorporated Associations' 'natural Justice' 'club Disciplinary Proceedings' 'contempt of Court']
['equity' 'associations and Clubs' 'civil Procedure'] ['interlocutory Injunction' 'representative Proceedings or Orders' 'unincorporated Associations' 'natural Justice' 'club Disciplinary Proceedings' 'contempt of Court']

Case Brief

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Procedural Posture

Equity Proceeding Concerning an Injunction in Representative Form Against Members and Officers of Horace Thompson Lodge Ryde / Return of Ex Parte Injunction and Application to Extend the Injunction Pending a Further Interlocutory Hearing

Legal Issues

  1. 1 ['Whether there was a serious question to be tried about compliance with the Lodge constitution and the rules of natural justice in the proposed expulsion of the plaintiffs.' 'Whether the balance of convenience favoured continuing the injunction until 27 June 2003.' 'Whether an interlocutory injunction could be made against named defendants as representing all members and officers of a voluntary unincorporated association under Supreme Court Rules Part 8 rule 13.']

Ratio Decidendi

Because there was a serious question to be tried about whether the Lodge constitution and the rules of natural justice had been complied with, nothing in the evidence showed a need for the defendants to act within the next week, and there was a sufficient present basis for a representative injunction binding members and officers of the unincorporated association, the balance of convenience favoured extending the injunction until 5.00pm on 27 June 2003.

Court Disposition

Injunction in representative form extended.

Orders

  • ['Upon the plaintiffs giving to the court the usual undertaking as to damages, orders 2 and 3 of the orders made 10 June 2003 were extended to and including 5.00pm Friday 27 June 2003.' 'The plaintiffs were directed to file and serve any supplementary evidence on which they sought to rely by 4.00pm Tuesday 24 June...