Leyonhjelm v Mateer [2008] NSWSC 1320

Leyonhjelm v Mateer [2008] NSWSC 1320

Because the Club's adopted rules did not provide for resolution of disputes between members or between members and the Club, model rule 10 was deemed by s 19(3) of the Associations Incorporation Act 1984 to be included in the Club's rules. By s 11(2), that rule had contractual force between the association and its members. The dispute therefore had to be referred to mediation in accordance with model rule 10 before the proceedings continued, making a stay appropriate but not a strike out.

Jurisdiction
Australia
Judgment Date
08 December 2008
Procedural Posture
Equity Division Corporations List Proceedings Concerning an Incorporated Association Dispute / Defendants' Notice of Motion Seeking an Order That the Summons Be Struck Out
Outcome
Proceedings stayed pending mediation; strike out not ordered; costs reserved.
Legal Topics
['incorporated Association Internal Disputes' 'model Rules' 'mediation' 'stay of Proceedings' 'register of Members']
['associations and Clubs'] ['incorporated Association Internal Disputes' 'model Rules' 'mediation' 'stay of Proceedings' 'register of Members']

Case Brief

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Procedural Posture

Equity Division Corporations List Proceedings Concerning an Incorporated Association Dispute / Defendants' Notice of Motion Seeking an Order That the Summons Be Struck Out

Legal Issues

  1. 1 ["Whether rule 10 of the model rules in Schedule 1 to the Associations Incorporation Regulation 1999 was deemed to be included in the Club's rules by s 19(3) of the Associations Incorporation Act 1984" 'Whether the parties were contractually bound to refer their dispute to mediation through a community justice centre' 'Whether the summons should be struck out or proceedings should be stayed pending mediation' 'Whether model rules 7(2) and 7(3) required a hard copy register of members to be available for inspection and copying']

Ratio Decidendi

Because the Club's adopted rules did not provide for resolution of disputes between members or between members and the Club, model rule 10 was deemed by s 19(3) of the Associations Incorporation Act 1984 to be included in the Club's rules. By s 11(2), that rule had contractual force between the association and its members. The dispute therefore had to be referred to mediation in accordance with model rule 10 before the proceedings continued, making a stay appropriate but not a strike out.

Court Disposition

Proceedings stayed pending mediation; strike out not ordered; costs reserved.

Orders

  • ['The proceedings be stayed pending referring of the dispute, the subject of the proceedings, to mediation in accordance with model Rule 10.' 'The plaintiff and the defendants within seven days serve upon each other a statement of the issues of dispute between them for referral to mediation and the terms of the...