Lianos v Order of AHEPA NSW Inc (No 4) [2021] NSWCA 159 (06 August 2021) (Macfarlan JA; Meagher JA; Emmett AJA)


Catchwords:


APPEALS — procedure — application for joinder after appeal decision handed down — applicants interested in appeal who took no part in appeal — court’s power to preclude party from litigation without res judicata or issue estoppel — factors warranting

APPEALS — procedure — application to reopen for adducing further evidence — special grounds — curing factual misapprehension — exercise of court’s discretion — variation of orders to cure misapprehension

VOLUNTARY ASSOCIATIONS — unincorporated and incorporated associations — effect of incorporation — relationship between unincorporated and incorporated associations — complex structure of incorporated and unincorporated associations on local, state and national levels — incorporation of a unit that was subordinate to an unincorporated association — construction of rules and constitution