New Zealand Case Law: Decisions & Judgments

Topic

Membership disputes

Legal area

Court

27 Jan 2023

NAGRA AND ANOR v SRI GURU SINGH SABHA AUCKLAND INC (1229571) [2023] NZHC 34

Citation

[2023] NZHC 34
Court

High Court

Most challenged passages were admissible because they provided relevant factual context or were direct observations capable of explaining the decision‑making environment; limited passages were excluded where they amounted to speculation, inadmissible hearsay, opinion or submissions, or where probative value was outweighed by risk of prejudice; pre‑trial rulings were made selectively with leave to revisit at trial.
17 Mar 2022

MALTHUS v LAURA FERGUSSON TRUST INCORPORATED [2022] NZHC 407

Citation

[2022] NZHC 407
Court

High Court

The Court declined to strike out the fourth cause of action because, despite imprecision, it disclosed a reasonably arguable claim that rejection of specified membership applications was unreasonable and potentially in bad faith under principles in Stratford Racing Club; the standing defect was cured by substitution of a member applicant; the stay was refused because, although the proceedings overlap, justice and efficiency require both matters be heard together or consolidated to avoid duplication and preserve parties' rights including appeal, with limited discovery and case management to co…
26 Apr 2019

MIDDELDORP v AVONDALE JOCKEY CLUB INC [2019] NZHC 901

Citation

[2019] NZAR 738
Court

High Court

The Court held the Club's Rules did not confer a power on the Committee to suspend elected committee members and such a disciplinary power could not be implied; however the Committee validly appointed a sub-committee to hear complaints as a procedural matter, the procedural requirements of natural justice were met for both suspensions, the suspensions had evidential foundation and were not Wednesbury-unreasonable, the Committee lawfully declined the 14 membership applications on bona fide grounds, and pragmatic terms permitting operation with fewer than the prescribed number of committee memb…
8 Nov 2017

COOKSON-UA & ANOR v MOREHU & ORS [2017] NZHC 2735

Citation

[2017] NZHC 2735
Court

High Court

The court declined to reduce costs. The proceeding was not a test case or of public interest; the Deed non-compliance regarding appointment of the Validation Committee was a minor issue that did not significantly increase the respondents' costs and relief was declined on discretionary grounds; accordingly costs were awarded to the respondents on a Schedule 2B basis in the specified sums.
21 Oct 2016

MATAMU & ORS v SIʼITIA & ORS [2016] NZHC 2516

Citation

[2016] NZHC 2516
Court

High Court

The plaintiffs had, by words and conduct, repudiated their membership of the Avondale Union Parish prior to the elections and the 5 December 2013 meeting; therefore their representatives had ceased to be Parish councillors, were not entitled to notice and the resolutions of 5 December 2013 were valid and enforceable; claims for breach of contract, trust and fiduciary duty accordingly failed.
29 Oct 2014

NGAWAI CRAWFORD v NGATI HINEURU IWI INCORPORATED [2014] NZHC 2652

Citation

[2014] NZHC 2652
Court

High Court

Pleadings must give sufficient particulars to enable the defendant to identify the case it must meet and to avoid a fishing expedition; the plaintiff must amend her statement of claim to provide names or identifiable categories of individuals allegedly wrongly refused or wrongly admitted membership and the factual particulars supporting those claims before discovery is ordered; discovery is an adjunct not a substitute for proper particulars.
31 May 2013

NAVY LEAGUE CANTERBURY (NZ) INCORPORATED v BELL-THOMPSON [2013] NZHC 1275

Citation

[2013] NZHC 1275
Court

High Court

To preserve the status quo and enable a valid annual general meeting to be convened in accordance with the League's rules, the Court granted interim orders requiring the defendant to resign effective 31 May 2013, deliver up League material forthwith, refrain from contacting banks or acting on behalf of the League, and permitted an extension to hold the AGM by the end of August 2013; the Court declined to freeze admission of new members but warned that improper 'stacking' would be detrimental in subsequent proceedings.
27 Aug 2010

BATH AND ORS V SINGH & ORS HC AK CIV 2010-404-761

Citation

openlaw-5211c869_893e_4cba_a724_1a6260302835.pdf
Court

High Court

The plaintiffs raised a serious question to be tried about the validity of the 2001 variations which potentially conferred an unlawful uncircumscribed power and could invalidate subsequent changes; the balance of convenience favoured maintaining the status quo and protecting the integrity of the pending judicial determination; accordingly an interim injunction restraining the defendants from putting the disputed AGM motion was warranted.