POPOVIC & ORS v TANASIJEVIC & ORS (No 5) No. SCGRG-96-279 [2000] SASC 87 (31 March 2000)

Whether there was ever any eligible association capable of registration pursuant to the Associations Incorporation Act - whether relevant association duly registered and incorporated - whether the presumption of regularity applicable to the proceedings of corporate bodies. GENERALLY Internal administrative irregularity and mismanagement of the affairs of an incorporated association - alleged lack of experience and knowledge of the formal requirements as to the proper conduct of the undertaking of a corporate entity by the defendants - consideration of Constitution and Rules of the incorporated association at relevant times and the legal validity of certain events to determine lawful membership and lawful composition of committees of management. Whether relevant meetings were lawfully convened in order that purported amendments of the original provisions of the Constitution and Rules of the association could lawfully be effected - determination of whether registration of purported new amended Constitution and Rules of association was lawful. POWERS AND FUNCTIONS OF COURTS Consideration of locus standi of the plaintiffs - whether plaintiffs' claim for declaratory relief denied by the operation of the principle discussed by the High Court in Cameron & Ors v Hogan ; - whether discretion vested in the court pursuant to s 31 of the Supreme Court Act 1935 to make declarations on claims advanced by certain of the plaintiffs as to their asserted status as members of the relevant entity and its committee of management - discussion of whether any of the plaintiffs could demonstrate a special interest entitling them to declaratory relief, inter alia, on the basis discussed in Bateman's Bay Local Aboriginal Land Council & Anor v Aboriginal Community Benefit Fund Pty Ltd & Anor ; Whether a remedy in rectification is available in relation to the and Rules of an incorporated association - whether, on the facts, any circumstance has been proved which could possibly found an entitlement to rectification. Consideration of circumstances entitling persons to make an application under s 61 of the Act - whether, on the evidence, the two personal plaintiffs entitled to relief pursuant to s 61(1) of the Associations Incorporation Act and/or declaratory relief pursuant to s 31 of the Supreme Court Act - consideration of remedies available pursuant to s 61 of the Associations Incorporation Act. REMEDIES WHERE OPPRESSION -- WHAT CONSTITUTES OPPRESSIVE CONDUCT Whether the affairs of the relevant association have been conducted in manner contrary to the interests of its members as a whole and in a manner oppressive both to its members generally - consideration of meaning of the word "oppression". Whether, having regard to various financial transactions as between the defendant Tanasijevic and the relevant association, there is a balance owing by it to him - whether declaratory relief should be granted in respect of such transactions.