Diakovasili & Anor v Order of AHEPA NSW Incorporated

[2023] NSWSC 1282

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Associations and Clubs
2. › General law derivative action
3. › Where two members of incorporated association seek declaration as to entitlement to commence derivative proceedings at general law
4. › Whether derivative proceedings at general law are available in respect of an incorporated association
5. › Whether acts complained of are fraudulent or ultra vires
6. › Whether it is in the interests of justice that derivative proceedings be brought.
1. Associations and Clubs
2. › Voluntary administration
3. › Duty to act in good faith in the best interests of an incorporated association and for a proper purpose
4. › Whether administrators appointed for an improper purpose.
1. Equity
2. › Fiduciary duties
3. › Conflict of interest and duty
4. › Where incorporated association appoints voluntary administrators and some committee members subsequently make a deed of company arrangement proposal that is accepted by creditors
5. › Whether committee members acted in a conflict of interest.