Dixon v Esperance Bay Turf Club (Inc)

The plaintiff, Craig Richard Dixon, brought proceedings against the Esperance Bay Turf Club (Inc) seeking declarations and orders relating to the adoption of a new constitution and his expulsion from the club. The court found the plaintiff did not have standing to bring the action. The court also found that the meeting at which the new constitution was adopted was validly convened and the resolution to adopt the constitution was properly passed. The court found the new constitution was not in force until it was accepted by the Commissioner, and therefore the committee had no power to expel the plaintiff under it. The court found the committee did have the power to expel the plaintiff under the old rules, but the decision to expel him was not valid as it was based on irrelevant considerations. The court declined to grant the declarations sought by the plaintiff as they would be of no practical effect. The plaintiff's action was dismissed.