Christlieb & Ors v. The Melfort Club & Ors [2006] ScotCS CSOH_69 (24 April 2006)

Christlieb & Ors v. The Melfort Club & Ors [2006] ScotCS CSOH_69 (24 April 2006)

The defenders are contractually obliged under the constitution to register the transfer of the holiday certificate and membership to the first pursuer immediately, and have no power to refuse or delay consent except for non-payment of sums due. The committee's bye-law purporting to grant itself such power is ineffective to alter members' contractual rights. The pursuers have a prima facie case and are entitled to interim interdict to prevent unlawful obstruction of the transfer.

Citation
[2006] ScotCS CSOH_69
Parties
Pursuers: John Christlieb and Others; Defenders: The Melfort Club and Others
Jurisdiction
Scotland
Judgment Date
24 April 2006
Procedural Posture
Ordinary Action (interim Interdict) / Interim Interdict Application Before Calling
Outcome
Interim interdict granted in part
Legal Topics
Transfer of Membership Rights, Interpretation of Constitution of Unincorporated Association, Powers of Committee, Interim Interdict, Delectus Personae
Contract Law Company/association Law Transfer of Membership Rights Interpretation of Constitution of Unincorporated Association Powers of Committee Interim Interdict Delectus Personae

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Parties

John Christlieb and Others

Pursuers

The Melfort Club and Others

Defenders

Procedural Posture

Ordinary Action (interim Interdict) / Interim Interdict Application Before Calling

Legal Issues

  1. 1 Whether the defenders are contractually obliged to register the transfer of a holiday certificate and membership from the second pursuer to the first pursuer under the constitution of the club
  2. 2 Whether the committee has power to refuse or delay consent to such transfer under the constitution or bye-law
  3. 3 Whether the pursuers are entitled to interim interdict to prevent the defenders from frustrating the transfer

Ratio Decidendi

The defenders are contractually obliged under the constitution to register the transfer of the holiday certificate and membership to the first pursuer immediately, and have no power to refuse or delay consent except for non-payment of sums due. The committee's bye-law purporting to grant itself such power is ineffective to alter members' contractual rights. The pursuers have a prima facie case and are entitled to interim interdict to prevent unlawful obstruction of the transfer.

Court Disposition

Interim interdict granted in part

Orders

  • Interim interdict prohibiting the defenders from passing or proposing any resolution or motion having the effect of frustrating, preventing or obstructing the transfer by the second pursuer of her interests in the Melfort Club, including the property known as 'Walled Garden - Mews Nine' in terms of the Deed of...