Ragless v The SA Field & Game Assn Southern Branch Inc

[2016] SASCFC 64

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

RAGLESS v THE SA FIELD & GAME ASSN SOUTHERN BRANCH INC

[2016] SASCFC 64

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Peek and The Honourable Justice Parker)

20 May 2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT

ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - POWER TO EXPEL, SUSPEND AND DISQUALIFY

Application for permission to appeal to the Full Court of the Supreme Court against a judgment of Justice Vanstone.

The applicant unsuccessfully sought relief against the respondent for alleged breaches of the Associations Incorporation Act 1985 (SA) and the respondent's Constitution. A Magistrate held that the appellant resigned from the respondent association as opposed to being expelled and as such had no standing to institute proceedings.

Justice Vanstone dismissed the appeal, and held that the Magistrate was correct in determining that the appellant had resigned and had no standing to bring proceedings against the respondent.

The applicant sought permission to appeal to the Full Court.

Held per Kourakis CJ (Peek and Parker JJ agreeing), dismissing the appeal:

1. The grounds of appeal are a repetition of the arguments which were put to, and rejected by, the Judge.

2. Permission to appeal is refused.

Associations Incorporation Act 1985 (SA) s 61, referred to.

RAGLESS v THE SA FIELD & GAME ASSN SOUTHERN BRANCH INC
[2016] SASCFC 64

Full Court:  Kourakis CJ, Peek and Parker JJ

1. THE COURT:      This is an application to appeal against the judgment of a Judge of this Court dismissing the applicant’s appeal against the dismissal of the action brought by him in the Magistrates Court pursuant to s 61 of the Associations Incorporation Act 1985 (SA) (the Act).[1]

   [1]    Ragless v The South Australian Field & Game Association Southern Branch Inc [2016] SASC 8.

2. The action was commenced on 14 January 2015. It was dismissed because the Magistrate found that it was brought outside of the limitation period of six months from cessation of membership of an association fixed by s 61(2) of the Act. The Magistrate found that the applicant resigned from the respondent association on 27 October 2012. The finding of the Magistrate was based on the construction of a letter sent by the applicant to the secretary of the respondent association. The applicant’s summary of argument is a repetition of the arguments which were put to, and rejected by, the Judge. The question of fact agitated by this application does not warrant a grant of permission. Furthermore, it is not arguable that the decisions of the Magistrate and the Judge were wrong; the contentions of the applicant on the construction of his letter are unmeritoriously semantic.

3. Permission to appeal is refused.