Kevin Prakoonheang as Public Officer of the Wat Buddhalavarn Incorporated v the Wat Buddhalavarn Incorporated [2018] NSWSC 1004

Kevin Prakoonheang as Public Officer of the Wat Buddhalavarn Incorporated v the Wat Buddhalavarn Incorporated [2018] NSWSC 1004

The 1988 Constitution remained validly in force and the Plaintiff was not permitted to re-open that issue because the parties had previously resolved it by agreement or admission. Construed harmoniously, the 1988 Constitution provides that the Management Committee ultimately comprises five monastic members and nine lay persons. The five monastic members are the President, Secretary, Treasurer and two other monastic members chosen by the Sangha, with elections where required under clause 12. The nine lay persons are appointed by the monastic members under clause 9(d); once appointed, they are members of the Management Committee of equal status save for particular duties assigned to named...

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Equity Proceeding Concerning Governance of an Incorporated Association / Separate Determination Under UCPR Rule 28.2 of Prayer 4 of the Cross Claim
Outcome
Orders made; questions answered in accordance with the Sixth Defendant's construction.
Legal Topics
['interpretation of Incorporated Association Constitution' 'management Committee Membership' 'election and Appointment of Committee Members' 'separate Question' 'validity of 1988 Constitutional Amendments']
['associations' 'equity' 'civil Procedure'] ['interpretation of Incorporated Association Constitution' 'management Committee Membership' 'election and Appointment of Committee Members' 'separate Question' 'validity of 1988 Constitutional Amendments']

Case Brief

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Procedural Posture

Equity Proceeding Concerning Governance of an Incorporated Association / Separate Determination Under UCPR Rule 28.2 of Prayer 4 of the Cross Claim

Legal Issues

  1. 1 ['Whether the Plaintiff should be permitted to re-open the issue of the validity of the 1988 Constitution and withdraw prior admissions' 'On the proper construction of the 1988 Constitution, who comprises the Management Committee of Wat Buddhalavarn Incorporated' 'Whether lay members of the Management Committee are elected by the members of the Organisation or appointed as assistants' 'How the President, Secretary, Treasurer and two other monastic members are chosen under the 1988 Constitution']

Ratio Decidendi

The 1988 Constitution remained validly in force and the Plaintiff was not permitted to re-open that issue because the parties had previously resolved it by agreement or admission. Construed harmoniously, the 1988 Constitution provides that the Management Committee ultimately comprises five monastic members and nine lay persons. The five monastic members are the President, Secretary, Treasurer and two other monastic members chosen by the Sangha, with elections where required under clause 12. The nine lay persons are appointed by the monastic members under clause 9(d); once appointed, they are members of the Management Committee of equal status save for particular duties assigned to named...

Court Disposition

Orders made; questions answered in accordance with the Sixth Defendant's construction.

Orders

  • ['Leave to re-open the issue of the validity of the 1988 Constitution and to withdraw prior admissions was denied.' 'The separate issue concerning prayer 4 of the Cross-Claim was determined in accordance with the construction propounded by the Sixth Defendant.']