SIVANPATHAKUMAR and THE MANAGEMENT COUNCIL OF SAIVA MAHA SABAI OF WA INC

Sivanpathakumar and others brought an application to the Tribunal under section 182 of the Associations Incorporation Act 2015 (WA) for relief in respect of four disputes with the Management Council of Saiva Maha Sabai of WA Inc. The applicants alleged that the respondents had failed to conduct an election in accordance with the rules of the Association and had denied them access to documents relating to the election process. The Tribunal had to determine whether it had jurisdiction to hear the application. The main legal issues were whether the applicants had followed the dispute resolution procedure in the rules of the Association and whether the Tribunal had jurisdiction to grant the relief sought.

The Tribunal found that the applicants had not followed the dispute resolution procedure in the rules of the Association. The rules required the applicants to request mediation before approaching the Tribunal. The applicants had not made a proper request for mediation as they had not obtained the consent of all the other applicants. The Tribunal also found that the applicants had not signed a Confidentiality Declaration which was a requirement to access the documents. The Tribunal held that it did not have jurisdiction to determine the disputes as the applicants had not followed the dispute resolution procedure in the rules of the Association. The application was dismissed.

The Tribunal made no orders as it did not have jurisdiction to determine the disputes. The applicants were required to follow the dispute resolution procedure in the rules of the Association before approaching the Tribunal. The Tribunal held that it could not make any findings on the merits of the disputes as it did not have jurisdiction.