Radmanovich v Nedeljkovic [2003] NSWSC 350

Radmanovich v Nedeljkovic [2003] NSWSC 350

Articles 4 and 6 of the Community's 1950 rules have ongoing exclusionary operation: a member who, after admission, comes within an ineligible class by reason of excommunication (which suspends rights and privileges) ceases to be a member of the Community automatically, without need for further expulsion, as such status is inconsistent with continued membership under those rules. The correct appellate avenue was to a single judge and time for appeal should be extended; however, the substantive grounds for appeal fail.

Jurisdiction
Australia
Judgment Date
30 April 2003
Procedural Posture
Appeal / Judgment on Appeal From Decision of a Master in Equity Division
Outcome
Appeal declared competent. Time for filing notice of appeal extended. Appeal dismissed.
Legal Topics
['expulsion of Members' 'construction of Association Rules' 'appeals From Master' 'church Disciplinary Procedures']
['equity' 'church Law' 'associations Law' 'civil Procedure'] ['expulsion of Members' 'construction of Association Rules' 'appeals From Master' 'church Disciplinary Procedures']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Decision of a Master in Equity Division

Legal Issues

  1. 1 ['Whether excommunication causes cessation of membership of Community under 1950 rules' "Whether 'ineligible for membership' in association rules automatically excludes existing members" 'Proper appellate avenue from Master—Court of Appeal or single judge' 'Whether appeal filed out of time should have time extended']

Ratio Decidendi

Articles 4 and 6 of the Community's 1950 rules have ongoing exclusionary operation: a member who, after admission, comes within an ineligible class by reason of excommunication (which suspends rights and privileges) ceases to be a member of the Community automatically, without need for further expulsion, as such status is inconsistent with continued membership under those rules. The correct appellate avenue was to a single judge and time for appeal should be extended; however, the substantive grounds for appeal fail.

Court Disposition

Appeal declared competent. Time for filing notice of appeal extended. Appeal dismissed.

Orders

  • ['Declare that the appeal to a single judge initiated by notice of appeal filed 29 November 2002 is competent.' 'Order extension of time for filing notice of appeal nunc pro tunc to 29 November 2002.' 'Order that the appeal be dismissed.' 'Costs to be determined after further submissions.']