Sheepbreeders
Association was non-profit making company.
Association was non-profit making company.
Articles
of association provided that disputes between association and any member be
referred to arbitration.
of association provided that disputes between association and any member be
referred to arbitration.
H,
a member, brought court action against association.
a member, brought court action against association.
Association
argued [predecessor to s14] meant relevant article of association constituted
enforceable agreement to arbitrate.
argued [predecessor to s14] meant relevant article of association constituted
enforceable agreement to arbitrate.
Court
agreed article was contractually binding.
agreed article was contractually binding.
Case
also affirmed that no right purportedly given by article to a person, whether
member or not, in capacity other than that of member (eg in capacity as
solicitor, director) can be enforced against company.
also affirmed that no right purportedly given by article to a person, whether
member or not, in capacity other than that of member (eg in capacity as
solicitor, director) can be enforced against company.
