APPEAL COURT.

Hawera Star, Volume XLVIII, 16 March 1925, Page 7

APPEAL COURT.

WELLINGTON BOWLING CLUB CASE. . (BY TELEGRAPH PRESS ASSOCIATIONWELLINGTON, March 16. The Appeal Court opened, this morning. 'The calendar comprises twentytwo cases, of which four will be heard by the full court. Justices Sim, Reed-and Adams weie engaged! in hearing an appeal by the Wetllijngitonj Bowling Club against Judge Ostler’s decision in the case wherein J. D. Sieviwright proceeded against the club and, obtained verdict for wrongful expulsion from membership. The facts of the dispute were that James Dickson Sierwright, of Wellington, a journalist, was in March, 1924, expelled from membership on the ground of misconduct over a dispute arising f|jom the cutting off of -a, leg of liis trousers, and, ending in a quarrel between him and another club member. Respondent, in the court below claimed a declaration, that he was stiil a member, and that the purported expulsion was unlawful and void. He further claimed that the directors acted contrary to natural justice and asked for an injunction arid £25 damages. The plaintiff’ alternatively claimed that the articles of association were ultra vires, because they gave the company power to- forfeit shares. The judge held that a condition, precedent to expulsion was that * the rules must be strictly observed. They provided that a. copy of the charge must be submitted forthwith to the shareholders, but in. this case the. charge was not sent until six or seven, days later. The expulsion* was invalid as there was not even a. substantial compliance with the rules.

The point on which the case/ was decided was not explicitly raised in the pleadings, hut leave was given to amend the claim. The judge stated that it was not, in li.m opinion, necessary to decide whether a clause in the articles'a.s to forfeiture was. ultra, vires, hut he wae inclined to think thiait as the Wellington Bowling Club was a non-trading company the c-laulse was valid. ’ An injunction was granted and £1 damages awarded, and this de* oision was being appealed against. Argument is proceeding.