Jobnet v Copeman [1999] NSWSC 965

Jobnet v Copeman [1999] NSWSC 965

The first plaintiff established improper constitution of the committee and invalid actions by certain defendants, entitling it and Silvano Bevinetto to a costs order against all defendants except Mr Smith, with the right for other defendants (except the first and eighth defendant) to seek indemnity from those two.

Jurisdiction
Australia
Judgment Date
13 September 1999
Procedural Posture
Equity Proceedings / Final Judgment on Costs and Orders
Outcome
Declarations as to membership, validity of meetings and costs; costs awarded to first plaintiff and Silvano Bevinetto against all defendants except Mr Smith; no indemnity costs; no order as to costs for Jill Blunden and Trudi Twemlow.
Legal Topics
['committee Membership' 'costs Orders' 'validity of Meetings' 'standing of Incorporated Associations']
['equity'] ['committee Membership' 'costs Orders' 'validity of Meetings' 'standing of Incorporated Associations']

Case Brief

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Procedural Posture

Equity Proceedings / Final Judgment on Costs and Orders

Legal Issues

  1. 1 ['Whether certain individuals are members of the committee or first plaintiff' 'Validity of meetings held by the association' 'Entitlement to costs and against whom costs should be ordered' 'Entitlement to indemnity for costs between defendants']

Ratio Decidendi

The first plaintiff established improper constitution of the committee and invalid actions by certain defendants, entitling it and Silvano Bevinetto to a costs order against all defendants except Mr Smith, with the right for other defendants (except the first and eighth defendant) to seek indemnity from those two.

Court Disposition

Declarations as to membership, validity of meetings and costs; costs awarded to first plaintiff and Silvano Bevinetto against all defendants except Mr Smith; no indemnity costs; no order as to costs for Jill Blunden and Trudi Twemlow.

Orders

  • ['Declare Silvano Bevinetto is a committee member; Jill Blunden and Judy Twemlow are not.' 'Declare first, fourth, fifth, sixth, eighth and ninth defendants are not committee members.' 'Declare first and seventh defendants are members of the first plaintiff; eighth defendant is not a member.' 'Declare purported...