Economic Law：有關經濟法的作業考試問題

問題
Question 

艾倫是VU乒乓球俱樂部有限公司的成員，在俱樂部的年底的財務年度會議上，艾倫作為會議主席拒絕讓阿蘭委員會查看自己俱樂部的財務狀況，并且兩人進行了激烈的爭論。

1b)  Alan is a member of the VU Table Tennis Club Inc. During the club's end of financial year meeting Alan had a heated exchange with the chair of the meeting who refused to allow Alan to ask the committee questions about the poor financial position of the club. Following the meeting Alan received a Notice of Expulsion. The Club sought to expel Alan under rule 34(1) of its constitution which set out the grounds upon the club could expel a member including that a member could be expelled for “conduct unbecoming a member”. Alan’s membership fees are unpaid. 

根據S14A和S14B協會注冊的法案“1981年，這里艾倫有著自己的權利，受到法律的保護。

Advise Alan of his rights under s14A and s14B of the Associations Incorporation Act 1981 that are attached herein.

 

Would your answer be different if the VU Table Tennis Club was a company limited by guarantee?

 

Associations Incorporation Act 1981 - SECT 14A 

Enforceability of rules and purposes http://ukthesis.org/dissertation_writing/Law/

14A. Enforceability of rules and purposes

 

(1) The rules of an incorporated association constitute the terms of a

contract between the incorporated association and its members for the time

being.

根據該法，法人協會必須限定：

(1A) Subject to this Act, an incorporated association must not-

 

   (a)  exercise any power that the incorporated association is prohibited, by

        the rules of the incorporated association, from exercising; or

 

   (b)  exercise any power contrary to a restriction on the exercise of that

        power contained in the rules of the incorporated association; or

 

   (c)  do any act that is outside the scope of the statement of purposes of

        the incorporated association.

 

(1B) The public officer or a member of the committee of an incorporated

association must not in any way, by act or omission, directly or indirectly,

be knowingly concerned in or party to a contravention by the incorporated

association of subsection (1A).

 

(2) The Magistrates' Court may, on the application of an incorporated#p#分頁標題#e#

association, a member of an incorporated association or the Registrar, make an

order-

 

   (a)  giving directions for the performance and observance of the rules of

       the incorporated association by any person who is under an obligation

        to perform or observe those rules; or

 

   (ab) restraining an incorporated association from doing an act that is

        outside the scope of its statement of purposes; or

 

   (b)  declaring and enforcing the rights or obligations of members of the

        incorporated association between themselves or the rights or

        obligations of the incorporated association and any member between

        themselves.

 

(3) An order may be made under this section whether or not a right of a

proprietary nature is involved and whether or not the applicant has an

interest in the property of the incorporated association.

 

(4) The Magistrates' Court may refuse to make an order on the application or

may make an order for costs against a party, whether successful or not, if it

is of opinion that-

  在應用程序中提出的問題是微不足道的;

   (a)  the issue raised in the application is trivial;

 

   (b)  having regard to the importance of the issue, the nature of the

        incorporated association, any other available method of resolving the

        issue, the costs involved, lapse of time, acquiescence or any other

        relevant circumstance, it was unreasonable to make the application; or

 

   (c)  the unreasonable or improper conduct of a party has been responsible

        for the making of the application, or has added to the cost of the

        proceedings.

 

(5) The Registrar may make an application to the Magistrates' Court under

subsection (2) only if the Registrar is satisfied that it is in the public

interest to do so.

 

Associations Incorporation Act 1981 - SECT 14B 

Grievance procedure 

14B. Grievance procedure

 

(1) The rules of an incorporated association must set out a grievance

procedure for dealing with any dispute under the rules between-#p#分頁標題#e#

 

   (a)  a member and another member; or

 

   (b)  a member and the incorporated association.

 

(2) A member may appoint any person to act on behalf of the member in the

grievance procedure.

  必須使用自然合理的申訴程序。

(3) The grievance procedure must allow for natural justice to be applied.

 

(10 marks)