Feyen v Charlton

[2016] QSC 122

SUPREME COURT OF QUEENSLAND

CITATION:

Feyen v Charlton & Ors  [2016] QSC 122

PARTIES:

ROBERT FEYEN
(Applicant)

v

GREG CHARLTON

MEGAN HARWOOD

TREVOR HARWOOD

GREG GRAHAM

CAROL GRAHAM

JOHN HARTLEY

STEVE URCH

QUEENSLAND SAPPHIRE MINING ASSOCIATION

(Respondents)

FILE NO/S:

S25/2016

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court Rockhampton

DELIVERED ON:

7 June 2016

DELIVERED AT:

Mackay

HEARING DATE:

23 May 2016

JUDGE:

McMeekin J

ORDERS:

1. Parties to make such further written submissions as they may be advised as to the orders that ought to be made in light of these reasons on or before 4pm on 14 June 2016

CATCHWORDS:

ASSOCIATIONS AND CLUBS – RIGHTS, LIABILITIES AND DUTIES OF MEMBERS – RIGHTS AND DUTIES – RIGHTS OF MEMBERS – where applicant alleges he was deprived of his right to be considered for election to the management committee – where applicant alleges he tendered a valid nomination form – where respondents allege the nomination form was invalid – whether applicant tendered valid nomination form – whether applicant deprived of a right under the rules – whether applicant deprived of natural justice – whether orders sought inappropriate due to delay or acquiescence
Associations Incorporation Act 1981 (Qld) s 61A, s 62, s 71, s 72, s 73

Group Four Industries Pty Ltd v Brosnan (1992) 8 ACSR 463, followed
Jones v Invion Ltd [2015] QCA 100, cited
Re Maggacis [1994] 1 Qd R 59, considered
Re Howlett [1949] Ch 767, cited
Savage v Lunn (No 2) [1998] NSWSC 529, cited

COUNSEL:

A Barlow for the respondents

SOLICITORS:

Grant & Simpson for the applicant

1. MCMEEKIN J: This application concerns complaints made by the applicant, Robert Feyen, about the conduct of the affairs of the Queensland Sapphire Miners Association Inc (QSMA),[1] an association incorporated under the Associations Incorporation Act 1981 (Qld) (the Act), of which he is a member.

   [1]  I note that there has been a change of name – the rules provided by the secretary refer to the “Queensland Sapphire Producers Association Inc”. Exhibit “C” to Mr Feyen’s affidavit shows a name change occurring on 21 February 2014.

1. The respondents are seven of QSMA’s management committee members and the Association itself.

1. There are difficulties with Mr Feyen’s material. Mr Feyen was unrepresented until the most recent and final hearing. His lack of knowledge of the limited nature of the jurisdiction and the oversight that the Court exercises meant that most of his complaints were not justiciable. He initially alleged 13 breaches of the Act by the respondent committee members. He sought a variety of orders including the imposition of penalty units against the committee members, for the committee members to be stood down, and for them to fulfil their obligations under the Act. By the time of the final hearing Mr Feyen complained of two matters:

(a)        That he had been deprived of a right to be elected to the management committee;

(b)        That he had been deprived of “a right not to answer a Show Cause…