The Court dismissed an appeal by twenty-one members of an incorporated association operating as a congregational church against the decision of the trial judge to order the appointment of a receiver and manager to determine the membership of the association and conduct an election of a new management committee (and, correspondingly, to not order the winding up of the association on the just and equitable ground).
The appellants raised six grounds of appeal, and succeeded as to one of them with respect to the finding made by the trial judge, but failed to demonstrate that the winding up of the solvent incorporated association – being a “remedy of last resort” – was appropriate.
A summary of what the Court of Appeal determined is available here.
Paul McQuade QC and Nola Pearce appeared for the respondents, instructed by Neumann & Turnour Lawyers.
The judgment is available here.