The Court refused an interlocutory mandatory injunction seeking to compel Baseball NSW to waive eligibility criteria under its Dual Charter Framework, holding that no reviewable decision had been made by the defendant (as the exemption application process had not been completed), that the defendant was not amenable to judicial review under ss 65 and 69 of the Supreme Court Act 1970 (NSW), and that even if jurisdiction existed, the discretionary factors — including the rarity of interlocutory mandatory injunctions, prejudice to the defendant and other players, and the limited temporal impact on the children's sporting participation — weighed against granting relief. The Court applied the traditional reluctance to interfere in the affairs of voluntary associations, noting that no breach of contract, proprietary right, or livelihood/reputation interest was engaged, and that alleged procedural unfairness in the publication of the policy did not enliven the Court's power to grant mandatory injunctive relief in these circumstances.
The full text is available to signed-in members.