Richard Ehiozee v EDO Nigerian Association of New South Wales Incorporated & Ors [2012] NSWSC 718

Richard Ehiozee v EDO Nigerian Association of New South Wales Incorporated & Ors [2012] NSWSC 718

The 29 December 2010 invitation was defective as a notice under cl 16(2), because it gave no particulars of a complaint within cl 16(1)(a) or (b) and did not give at least 14 days for submissions, but declaratory relief was refused because the invitation was not acted on and no adverse resolution resulted, so no good purpose would be served. The 15 January 2011 executive committee resolution was a nullity because the constitution contained no effective provision for the office of patron and the resolution purported to strip the plaintiff of a non-existent office; declaratory relief was justified because the resolution arose from a divisive dispute, was detrimental to the plaintiff's...

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Interlocutory Applications / Hearing of Claims for Declaratory Relief; Defamation Claim to Be Tried at Some Future Time
Outcome
Declaration granted concerning the 15 January 2011 executive committee resolution; declaration concerning the 29 December 2010 invitation refused; costs outstanding.
Legal Topics
['compliance With Disciplinary Procedure Under Association Constitution' 'validity of Executive Committee Resolution' 'declaratory Relief' 'natural Justice' 'internal Disputes Between Association Members']
['associations and Clubs' 'incorporated Associations' 'civil Procedure'] ['compliance With Disciplinary Procedure Under Association Constitution' 'validity of Executive Committee Resolution' 'declaratory Relief' 'natural Justice' 'internal Disputes Between Association Members']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications / Hearing of Claims for Declaratory Relief; Defamation Claim to Be Tried at Some Future Time

Legal Issues

  1. 1 ["Whether the 29 December 2010 invitation to attend a disciplinary committee meeting was invalid under cl 16(2) of the association's constitution." 'Whether declaratory relief should be granted concerning the 29 December 2010 invitation.' 'Whether the executive committee resolution made on or about 15 January 2011 concerning the plaintiff was invalid and of no effect.' 'Whether declaratory relief should be granted concerning the 15 January 2011 resolution.']

Ratio Decidendi

The 29 December 2010 invitation was defective as a notice under cl 16(2), because it gave no particulars of a complaint within cl 16(1)(a) or (b) and did not give at least 14 days for submissions, but declaratory relief was refused because the invitation was not acted on and no adverse resolution resulted, so no good purpose would be served. The 15 January 2011 executive committee resolution was a nullity because the constitution contained no effective provision for the office of patron and the resolution purported to strip the plaintiff of a non-existent office; declaratory relief was justified because the resolution arose from a divisive dispute, was detrimental to the plaintiff's...

Court Disposition

Declaration granted concerning the 15 January 2011 executive committee resolution; declaration concerning the 29 December 2010 invitation refused; costs outstanding.

Orders

  • ['Declaration that the resolution of the executive committee of the first defendant made on or about 15 January 2011, concerning the plaintiff, is invalid and of no effect.' 'The parties are directed to arrange with the associate by 4pm 6 July 2012 for the matter to be re-listed for directions as to any argument as...