Broughton v Leslie [2019] NSWSC 827

Broughton v Leslie [2019] NSWSC 827

Noondoo and Yurone are entitled to their respective annual Stock and Domestic Water amounts as calculated in the Geolyse spreadsheet, by virtue of clause 73 of the 2012 deed and their membership as properties, in addition to Wewona and Jamea's WAL13360 entitlements; there is no implied unilateral right to resign from the unincorporated association for properties treated as members under the deed.

Jurisdiction
Australia
Judgment Date
04 July 2019
Procedural Posture
Principal Judgment / Decision Following Hearing
Outcome
Declaratory relief in favour of plaintiffs for separate Stock and Domestic Water entitlements for Noondoo and Yurone; balance of claim to be dismissed; cross-claim dismissed as moot; costs to be heard.
Legal Topics
['unincorporated Associations' 'contractual Construction' 'water Rights' 'resignation From Association']
['equity'] ['unincorporated Associations' 'contractual Construction' 'water Rights' 'resignation From Association']

Case Brief

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Procedural Posture

Principal Judgment / Decision Following Hearing

Legal Issues

  1. 1 ['Are Noondoo and Yurone entitled to separate Stock and Domestic Water under the TNSDS deed?' 'Is there an implied contractual right to resign from the unincorporated association in respect of Noondoo and Yurone?']

Ratio Decidendi

Noondoo and Yurone are entitled to their respective annual Stock and Domestic Water amounts as calculated in the Geolyse spreadsheet, by virtue of clause 73 of the 2012 deed and their membership as properties, in addition to Wewona and Jamea's WAL13360 entitlements; there is no implied unilateral right to resign from the unincorporated association for properties treated as members under the deed.

Court Disposition

Declaratory relief in favour of plaintiffs for separate Stock and Domestic Water entitlements for Noondoo and Yurone; balance of claim to be dismissed; cross-claim dismissed as moot; costs to be heard.

Orders

  • ['Direct the parties to supply to my Associate within 21 days agreed short minutes of order, or in default of agreement, direct the plaintiffs to supply a short minute of the orders for which they contend, and short submissions in support of those orders, within 21 days, with the defendants to supply the orders for...