22 Jun 2022
The court construed the obsolete company name in the rules as referring to the relevant employing entity or its successors (including Fulton Hogan Limited); on that construction the persons who voted were valid members and the amendments registered 2 November 2011 were validly registered, so declarations were granted.
25 Jul 2019
Interpreting the society's rules contextually and purposively, motions at general meetings (including rule amendments) must be decided by secret ballot and must be passed by a majority of at least two‑thirds of the members who vote and are entitled to do so; the three‑term restriction in rule 37(c) took effect prospectively on registration on 25 March 2011, so earlier unregistered service does not count against subsequent term limits.
14 May 2014
The Registrar was correct to refuse to consider the late r 35(6) application because the 20 working day period in r 35(7)(a) is not extendable by the Registrar; even on the merits the appellant failed to provide sufficient financial particulars to justify dispensing with security, so the Registrar's decision is upheld and security of $5,880 is required.
7 Feb 2014
The Registrar correctly held there was no jurisdiction for the appellant's s 61A(1) application because the Court of Appeal Civil Rules provide an automatic security fixing mechanism under r 35(5) and a Registrar-led departure process under r 35(6); the appellant's attempt to invoke a Judge under s 61A(1) cut across the scheme of the rules and was properly refused, so the application for review is dismissed.
13 Jul 2010
The court construed the words 'Fulton Hogan (Canterbury) Limited' in the society's registered rules as referring to the successor employer 'Fulton Hogan Limited' to give effect to the parties' intention and to enable members to vote on dissolution and disposal of assets; declaratory relief granted to that effect.
27 May 2008
Rule 12.3 must be read in context to require an authorised representative of an incorporated affiliated club to be a member present at the meeting and to permit only one authorised representative vote per incorporated club; rule 12.1.3 requires prior agreement to stand either in person or in writing if the candidate is not present; the association may not, at the meeting, go behind the fact of incorporation and paid subscription to deny voting rights absent evidence meeting contrary formal thresholds.
29 Jun 2007
The Registrar did not err in sealing the 30 April 2007 judgment in response to the Court's explicit request in the 15 June 2007 judgment; the appellant failed to take the steps required by r 52(3), r 51(4) explained the earlier delay, and the sealing therefore stands.
15 Nov 2006
The court refused the respondents' application for special leave under r508(3) and ruled that the respondents' affidavits are not to be read or used as evidence because the deponents failed to attend for cross-examination after valid notice; cross-examination in caveat proceedings is permitted under r508 and r458M and absent justification the sanction in r508(3) applies.