12 Feb 2020
MIDDELDORP v AVONDALE JOCKEY CLUB INCORPORATED [2020] NZCA 13
- Citation
- [2020] NZCA 13
- Court
- Court of Appeal
The Committee did not have authority under the Club Rules to suspend an elected Committee member; the suspensions were therefore unauthorised and unlawful and a declaration to that effect should be granted. However, the Committee's decisions to decline the 14 membership applications were lawful on the evidence (genuine-application and debt concerns), and the Committee lawfully operated with fewer than ten members under the Rules (no implied term required and the pragmatic approach caused no prejudice).