YOUNG and ORS v COTTER and ORS [1996] NSWCA 573

YOUNG and ORS v COTTER and ORS [1996] NSWCA 573

The meeting was properly re-convened as the Secretary acted pursuant to the authority given by the General Body and as required by model rule R29(2), which, under s19(3) of the Act, is deemed part of the Club's Constitution. The Constitution did not confer power on the President or any other member to cancel the adjournment decision, making the purported cancellation invalid.

Parties
Appellants: Young and ORS; Respondents: Cotter and ORS
Jurisdiction
Australia
Judgment Date
28 May 1996
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Model Rules and Constitution of Incorporated Associations, Power to Convene or Adjourn General Meetings, Authority of Officers Under Rules, Associations Incorporation Act 1984
Statutory Construction Associations Law Model Rules and Constitution of Incorporated Associations Power to Convene or Adjourn General Meetings Authority of Officers Under Rules Associations Incorporation Act 1984

Case Brief

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Parties

Young and ORS

Appellants

Cotter and ORS

Respondents

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the adjourned Annual General Meeting of the Rangers Club of NSW Inc was properly re-convened pursuant to the Association's rules and the Associations Incorporation Act 1984
  2. 2 Whether the Secretary had authority to set the date, time, and place for the adjourned meeting
  3. 3 Whether model rule R29 (Adjournment) was to be incorporated into the Club’s Constitution under s19(3) of the Act

Ratio Decidendi

The meeting was properly re-convened as the Secretary acted pursuant to the authority given by the General Body and as required by model rule R29(2), which, under s19(3) of the Act, is deemed part of the Club's Constitution. The Constitution did not confer power on the President or any other member to cancel the adjournment decision, making the purported cancellation invalid.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.