Jools & Bradley v New South Wales Taxi Association

[2007] NSWSC 989

CITATION:	Jools & Bradley v New South Wales Taxi Association [2007] NSWSC 989
HEARING DATE(S):	30/08/07
JUDGMENT OF:	Gzell J
EX TEMPORE JUDGMENT DATE:	30 August 2007
DECISION:	Summons dismissed. No order as to costs.
CATCHWORDS:	ASSOCIATIONS AND CLUBS - Expulsion, Suspension and Disqualification - Committee of Association refused to renew membership of plaintiffs - Plaintiff sought postponement of annual general meeting on opposed ground that notice of meeting did not comply with constitution - Officers of Association gave undertakings to the Court that plaintiffs could attend annual general meeting and raise before the membership present at the meeting whether the committee was justified in refusing the renewal of their membership
PARTIES:	Michael Jools - First Plaintiff David Bradley - Second Plaintiff New South Wales Taxi Drivers Association - Defendant
FILE NUMBER(S):	SC 4251/07

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IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

GZELL J

THURSDAY 30 AUGUST 2007

4251/07 MICHAEL JOOLS & ANOR v NEW SOUTH WALES TAXI DRIVERS ASSOCIATION

EX TEMPORE JUDGMENT

1 There is before the court a summons that a new notice calling an annual general meeting of the New South Wales Taxi Drivers Association be issued in accordance with the time for notice requirement of its constitution, such notice to include an agenda, a treasurer's report, details of all notices of motion lodged with the secretary and forms to nominate for election. Further, an order fixing a date for the annual general meeting no sooner than 28 days from the date of making these orders is sought. And an order is sought that all members of the Association in good standing and whose membership is current be informed of the date of the annual general meeting in accordance with the new notice.

2 A meeting of the Association has been convened for Sunday 2 September 2007. The committee of the Association refused to renew the membership of Michael Jools and David Bradley, the plaintiffs. On 15 August 2007 Mr Jools and Mr Bradley were notified of this decision. On 26 August 2007 the Association secretary wrote to them inviting them to attend the annual general meeting and inviting them to present an explanation for six minutes concerning their claim for admission to membership of the Association.

3 Representatives of the Association, Theodore Hirsch, Faruque Ahmed and Ernie Mallenhauer, are prepared to give undertakings to the court that Mr Jools and Mr Bradley may attend the meeting on Sunday and may raise before the membership present at that meeting the question whether the committee was justified in refusing to renew their membership.

4 A court is reluctant to interfere with the internal management of an association. It seems to me that Mr Jools and Mr Bradley now have the opportunity to air their opposition to the decision of the committee before the annual general meeting on Sunday.

5 To cancel the annual general meeting would create expense. If at the meeting Mr Jools and Mr Bradley are not satisfied with the result, they are entitled to bring proceedings before the court seeking a declaration of invalidity if that be the basis upon which they allege a decision of the annual general meeting is made. Furthermore, they have the opportunity between now and Sunday of lobbying members to ensure that there is a strong attendance at the meeting.

6 It has been submitted that because the meeting has been convened for Father's Day it should be postponed. I would not do that. As I have said, Mr Jools and Mr Bradley are at liberty to cajole other members of the Association to attend.

7 It has been argued that the notice of the annual general meeting is deficient and does not comply with the requirements of the constitution of the Association in that a number of items have not been included with the notice. For the Association it is argued that there has been compliance with the constitution.

8 If there is to be a serious argument on this issue, that should follow the annual general meeting at which, no doubt, documents that have not been included in the notice of meeting will be presented to the meeting under the relevant agenda item.

9 I therefore take this course. Upon the undertakings of Theodore Hirsch, Faruque Ahmed and Ernie Mallenhauer that Michael Jools and David Bradley be entitled to attend the annual general meeting of the New South Wales Taxi Drivers Association on Sunday 2 September 2007 and that they may raise before the membership present at that meeting the question whether the committee was justified in refusing the renewal of their membership, I dismiss the summons. I make no order as to costs.

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