Kung v Country Section NZ Indian Association Inc - [1996] 1 NZLR 663

Practice and procedure — Declarations — Factors relevant to exercise of discretion to grant declaration — Whether traditional equitable defences are relevant to the exercise of the discretion to grant a declaration — Declaratory Judgments Act 1908, ss 2 and 10.

Clubs and associations — Legal proceedings — Application for declaratory judgment as to validity of appointment of officers — Failure to comply with requirements of rules as to notice of meetings — Even if plaintiff had complied with rules, whether declaration would necessarily have been granted — Equitable considerations relevant to exercise of discretion.