Dunlevy v The Law Society of New South Wales

In the case of Dunlevy v The Law Society of New South Wales, the applicant sought a declaration that the defendant's Articles of Association were invalid and that he was entitled to be elected as President of the Society. The dispute arose from the succession of the Senior Vice-President to the position of President, and whether this succession applied to a person filling a casual vacancy. The matter was heard by the Supreme Court of New South Wales.

The primary legal issue before the court was the interpretation of the Articles of Association of the Law Society of New South Wales. Specifically, the court needed to determine whether the succession of the Senior Vice-President to the position of President was applicable to a person filling a casual vacancy. The applicant argued that the Articles required a direct succession from the Senior Vice-President to the President, while the respondent argued that the Articles allowed for a person filling a casual vacancy to succeed to the position of President.

The court held that the Articles of Association were to be construed in accordance with their ordinary and natural meaning. The court found that the Articles allowed for the succession of a person filling a casual vacancy to the position of President, as the Articles did not explicitly exclude such a person from being eligible for the position. The court further held that the Articles did not require a direct succession from the Senior Vice-President to the President, and that the succession could occur through a person filling a casual vacancy.

As a result of the court's decision, the applicant's claim for a declaration that the Articles of Association were invalid and that he was entitled to be elected as President was dismissed. The court held that the Articles of Association were valid and that the respondent was entitled to proceed with the election of the President in accordance with the Articles.