Penrith Rugby League Club Ltd v Brown [2004] NSWSC 990

Penrith Rugby League Club Ltd v Brown [2004] NSWSC 990

The declarations should be framed to refer to corrupt or other improper conduct "by any person" and to retain "conclusion or opinion", because firm conclusions or opinions were within the issues debated and decided; however, "or may have" should be excised because the argument did not extend to expressions of mere possibility or potentiality.

Jurisdiction
Australia
Judgment Date
14 October 2004
Procedural Posture
Judgment on Declarations / Declarations Consequential on Substantive Judgment
Outcome
Declarations made consequential on substantive judgment; orders made in accordance with altered short minutes.
Legal Topics
['registered Clubs Act 1976 S 41 X Inquiry' 'corrupt or Other Improper Conduct in Relation to a Registered Club' 'form of Declarations']
['associations and Clubs' 'registered Clubs' 'equity'] ['registered Clubs Act 1976 S 41 X Inquiry' 'corrupt or Other Improper Conduct in Relation to a Registered Club' 'form of Declarations']

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Procedural Posture

Judgment on Declarations / Declarations Consequential on Substantive Judgment

Legal Issues

  1. 1 ['Whether declarations should include the words "by any person" after "corrupt or other improper conduct".' 'Whether the words "conclusion or opinion" should remain after the word "finding" in declarations 1 and 2.' 'Whether the words "or may have" should be removed from declarations 1 and 2.']

Ratio Decidendi

The declarations should be framed to refer to corrupt or other improper conduct "by any person" and to retain "conclusion or opinion", because firm conclusions or opinions were within the issues debated and decided; however, "or may have" should be excised because the argument did not extend to expressions of mere possibility or potentiality.

Court Disposition

Declarations made consequential on substantive judgment; orders made in accordance with altered short minutes.

Orders

  • ['Insert the words "by any person" after "corrupt or other improper conduct" in declarations 1 and 2.' 'Retain the words "conclusion or opinion" after "finding" in declarations 1 and 2.' 'Excise the words "or may have" from declarations 1 and 2.' 'Make orders in accordance with the short minutes as altered,...