Across the Waves Soccer Inc v Bundaberg Soccer Federation Inc [1996] QSC 97

r;_« t/5 7- v State Reporting Bureau ---------------------------------------- TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) SUPREME COURT OF QUEENSLAND CHAMBERS de JERSEY J No 5 of 1996 ACROSS THE WAVES SOCCER INC and BUNDABERG SOCCER FEDERATION INC .. DATE 24/05/96 ORDER BRISBANE REVISED COPIES ISSUED .. i St,te Rcpor:ing Bureau J Dat~ I .,-/ . Plaintiff Defendant 1 .Jth Floor. The Law Courts. George Street. Brisbane. Q. 4000 Telephone: (07) 3227 4360. Facsimile: (07) 3227 5532 -- 1 of 4 -- 240596 D.1 T 3/JP14 M/T 739/96 (de Jersey J) HIS HONOUR: The plaintiff and the defendant are each incorporated under the Associations Incorporations Act. The plaintiff is a member of the defendant. My jurisdiction derives from section 72 subsection (i) paragraph (b) of that Act. I am asked, in terms of that Act, to declare and enforce rights and obligations as between the defendant and the plaintiff which is one of the defendant's members. On 25 October 1995 the defendant informed the plaintiff that although the plaintiff's request to be permitted to play in the Central Queensland competition in 1996 was approved, its request to play those games at Thebeban Park was not approved and that all games had to be played at Martens Oval. The defendant's right to dictate venue with respect to Central Queensland competition games is very doubtful. Both clause 2(a) of its objects and clause 1 of its rules of play seem to relate to local competition only. A similar direction last year by the defendant was overturned on appeal by the Board of Directors of the Queensland Soccer Federation, and that should probably be regarded as a decision of the Board of Management of that Federation under clause 40 section 6 of its constitution. The defendant appealed against that decision and the appeal was heard by a three member board of appeal, apparently more relevant to disciplinary appeals under clause 167 in section 17 than to appeals in relation to those types of management direction, which should be to the council under clause 40(9) in section 7. That three member body upheld the appeal but I doubt the validity of the proceeding. 2 JUDGMENT 10 30 40 50 60 -- 2 of 4 -- 240596 D.1 T 3/JP14 M/T 739/96 (de Jersey J) It seems that the validity of the defendant's current directive about venue could be tested by appeal to the Management Committee and then, if desired, to the Council. There was an appeal to the Management Committee which was dismissed but there has been no appeal to the Council. The dismissal by the Management Committee was, I gather, really no more than an endorsement of the view reached in 1995 by the three member body to which I earlier referred. I have mentioned that I doubt the validity of that proceeding. The Court should be reluctant to intervene prior to the completion of such an appeal process set up within organisations for the resolution of these matters. The principal difficulty is that there is a game to be played tomorrow. The view I take is that the defendant has approved of the plaintiff's participating in the Central Queensland competition. It could not subject its approval to a condition requiring that the games be played at Martens Oval. That is because the references to that venue in its objects and rules probably relate only to local competition. The Central Queensland rules, on the other hand, would sanction the plaintiff's playing at its home field, that is Thebeban Park. I am not to be seen as expressing final views on those matters. Mr Goodwin, who appeared for the defendant, referred to the speed with which this application was brought on and while not seeking an adjournment, urged me to limit any relief granted to interim relief. That is the appropriate course. I am sufficiently satisfied as to the accuracy of the plaintiffs contentions to warrant my moulding interim relief on the basis 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 4 -- 240596 D.1 T 3/JP14 M/T 739/96 (de Jersey J) of them. Another powerful argument against my going further ~ is my acknowledgment that this issue should now be examined fully through the appeals process to which I earlier referred, that is if the plaintiff wishes, by appeal to the Queensland Soccer Federation Council. I appreciate in saying that, that the view taken last year was favourable in the end of the defendant but I have indicated that I very much doubt the validity of the proceeding which lead to that result. My willingness to intervene at all in this matter is based on the need for some authoritative decision with relation to venue for tomorrow's game. I make the following orders upon the plaintiff by its counsel giving the usual undertaking as to damages. 1. Declare that the plaintiff's game scheduled for tomorrow, as part of the Central Queensland Soccer League competition may lawfully be played at the plaintiff's oval at Across the Waves Sports Complex, Thebeban Road, Bundaberg. 2. Restrain the defendant, whether by itself, its servants or its agents from seeking in any way to interfere with or to obstruct the staging of the game at that venue tomorrow. 3. Adjourn the notice of motion to trial. 4. Costs reserved. 4 JUDGMENT 10 20 30 40 50 60 -- 4 of 4 --