Lianos v Order of AHEPA NSW Inc (No 4)

The applicants sought to join an appeal after the decision had been handed down, claiming an interest in the appeal and seeking to adduce further evidence to correct a factual misapprehension by the court. The respondents, the Order of AHEPA NSW Inc, opposed the application. The appeal concerned the interpretation of the rules and constitution of the Order, particularly the relationship between its incorporated and unincorporated structures at local, state, and national levels, and the criteria for membership and voting rights within the Association.

The court was required to determine whether it had the power to preclude a party from litigation even in the absence of res judicata or issue estoppel, and what factors would warrant such preclusion. It also had to consider whether to exercise its discretion to reopen the appeal for the purpose of adducing further evidence to cure a factual misapprehension, and if so, how to vary the existing orders.

The court reasoned that while it possessed the power to preclude a party from litigation in exceptional circumstances, the applicants had not demonstrated sufficient grounds for joinder after the appeal decision. However, the court found that a factual misapprehension had indeed occurred regarding the effect of certain resolutions on membership and voting rights. Consequently, the court rescinded one of the previous orders and amended another to clarify that membership in the Association, entitling a person to vote, required being a financial member of one of the 13 specified Chapters as of 30 June of the preceding financial year, following the registration of certain resolutions. The remaining aspects of the applicants' motion were dismissed, and the question of costs was reserved.