McCleverty v Australian Karting Assoc Ltd - [2015] QSC 323

SUPREME COURT OF QUEENSLAND

CITATION:

McCleverty v Australian Karting Assoc Ltd [2015] QSC 323

PARTIES:

JOHN HAROLD McCLEVERTY

(applicant)

v
AUSTRALIAN KARTING ASSOCIATION LIMITED

(respondent)

FILE NO/S:

No 6623 of 2015

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

20 November 2015

DELIVERED AT:

Brisbane

HEARING DATE:

1 October 2015

JUDGE:

Dalton J

ORDER:

The decision of the respondent Board dated 23 March 2015 and the decisions of the respondent’s tribunal dated 13 February 2015 and 11 March 2015 are void.

CATCHWORDS:

ASSOCIATIONS AND CLUBS – JURISDICTION OF THE COURTS – OTHER MATTERS – where at the time of hearing the applicant was the President of the Australian Karting Association (Qld) Inc – where the Australian Karting Association Limited is a company limited by guarantee – whether there was a contract between the parties sufficient to establish a basis for the Court’s jurisdiction

ASSOCIATIONS AND CLUBS – EXPULSION, SUSPENSION and DISQUALIFICATION – EXERCISE OF POWER – DENIAL OF NATURAL JUSTICE GENERALLY – where the applicant submits that proper particulars of the case he was to meet were not given – where the applicant submits that the tribunal had regard to material that was not provided to the applicant – where there was contact between one of the tribunal members and the Australian Karting Association Limited – whether there was a denial of natural justice

ASSOCIATIONS AND CLUBS – EXPULSION, SUSPENSION and DISQUALIFICATION – EXERCISE OF POWER – GENERALLY – where the Board of the Australian Karting Association Limited did not follow the procedure in its constitution – whether the decision of the Board on 23 March 2015 is void

Corporations Act 2001 (Cth) s 140, s 231

AFL & Ors v Carlton Football Club Ltd & Anor [1998] 2 VR 546
Chiropractic and Osteopathic College of SA Inc v Struthers (1981) 97 LSJS 49
Harrington v Coote [2013] SASCFC 154
Millar & Ors v Houghton Table Tennis & Sports Club Inc [2003] SASC 1

COUNSEL:

F G Forde for the applicant

SOLICITORS:

James K Legal for the applicant

B J Heath of Carter Newell, solicitor, for the respondent

At the time I heard this application John Harold McCleverty was the President of Australian Karting Association (Qld) Inc (AKAQI) and a life member of Karting Association Queensland and the Toowoomba Karting Club. He engaged in a course of conduct which some within AKAQI found so obnoxious that in October 2014 the then President of AKAQI complained to the National Body – Australian Karting Association Ltd (AKAL). The National Body then purported to suspend Mr McCleverty from both the AKAL and AKAQI for 10 years. He challenges this decision of 23 March 2015 and the tribunal decision of 13 February 2015 which was a precursor to it.
Before a Court will interfere with the decisions of private tribunals such as those which are challenged in this case, the applicant must show a basis for the Court’s jurisdiction. An infringement of property or contractual rights is usually sufficient.[1] The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] QSC 323
Decision Date: 20 November 2015

CaseChat Overview and Summary

The case of McCleverty v Australian Karting Assoc Ltd involved the applicant, who was the President of the Australian Karting Association (Qld) Inc, challenging decisions made by the respondent, a company limited by guarantee. The applicant sought to overturn expulsion and suspension decisions made by the Board of the respondent and subsequent tribunal decisions. The Queensland Supreme Court was tasked with determining the validity of these decisions.

The central legal issues in the case were whether there was a contract between the parties sufficient to establish the court's jurisdiction, whether there was a denial of natural justice in the tribunal's decisions, and whether the Board's decision to expel and suspend the applicant was void due to procedural irregularities. The applicant argued that there were breaches of natural justice, including the tribunal considering material not provided to the applicant and improper contact between a tribunal member and the respondent. Additionally, the applicant contended that the Board did not follow the procedure outlined in its constitution, rendering its decisions void.

The court found that there was no contract between the parties sufficient to establish jurisdiction, but nevertheless proceeded to consider the merits of the case. The court found that there was a denial of natural justice as the tribunal had considered material not provided to the applicant and there was improper contact between a tribunal member and the respondent. The court also found that the Board did not follow its own constitution, resulting in the decision to expel and suspend the applicant being void.

The court voided the decisions of the Board dated 23 March 2015 and the decisions of the respondent's tribunal dated 13 February 2015 and 11 March 2015. This ruling effectively overturned the expulsion and suspension of the applicant by the respondent.

Orders

Orders of the court

The decision of the respondent Board dated 23 March 2015 and the decisions of the respondent’s tribunal dated 13 February 2015 and 11 March 2015 are void.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	McCleverty v Australian Karting Assoc Ltd [2015] QSC 323
PARTIES:	JOHN HAROLD McCLEVERTY (applicant) v AUSTRALIAN KARTING ASSOCIATION LIMITED (respondent)
FILE NO/S:	No 6623 of 2015
DIVISION:	Trial
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	20 November 2015
DELIVERED AT:	Brisbane
HEARING DATE:	1 October 2015
JUDGE:	Dalton J
ORDER:	The decision of the respondent Board dated 23 March 2015 and the decisions of the respondent’s tribunal dated 13 February 2015 and 11 March 2015 are void.
CATCHWORDS:	ASSOCIATIONS AND CLUBS – JURISDICTION OF THE COURTS – OTHER MATTERS – where at the time of hearing the applicant was the President of the Australian Karting Association (Qld) Inc – where the Australian Karting Association Limited is a company limited by guarantee – whether there was a contract between the parties sufficient to establish a basis for the Court’s jurisdiction ASSOCIATIONS AND CLUBS – EXPULSION, SUSPENSION and DISQUALIFICATION – EXERCISE OF POWER – DENIAL OF NATURAL JUSTICE GENERALLY – where the applicant submits that proper particulars of the case he was to meet were not given – where the applicant submits that the tribunal had regard to material that was not provided to the applicant – where there was contact between one of the tribunal members and the Australian Karting Association Limited – whether there was a denial of natural justice ASSOCIATIONS AND CLUBS – EXPULSION, SUSPENSION and DISQUALIFICATION – EXERCISE OF POWER – GENERALLY – where the Board of the Australian Karting Association Limited did not follow the procedure in its constitution – whether the decision of the Board on 23 March 2015 is void Corporations Act 2001 (Cth) s 140, s 231 AFL & Ors v Carlton Football Club Ltd & Anor [1998] 2 VR 546 Chiropractic and Osteopathic College of SA Inc v Struthers (1981) 97 LSJS 49 Harrington v Coote [2013] SASCFC 154 Millar & Ors v Houghton Table Tennis & Sports Club Inc [2003] SASC 1
COUNSEL:	F G Forde for the applicant
SOLICITORS:	James K Legal for the applicant B J Heath of Carter Newell, solicitor, for the respondent