21 VLR 721FIGGIS v. MONSBOURGH Supreme Court of Victoria A’BECKETT, J. 17 March 1896Building Society — Member — Tenant — Ejectment proceedings — Rules — Construction — Arbitration — Jurisdiction of Court — Building Societies Act 1890 (No. 1068), s. 28.
M. had become on the same date both a member of a certain building society and a tenant of certain property held by the society. On proceedings being taken in a Court of Petty Sessions by the society against M. to recover possession of the demised property, objection was taken at the close of complainant’s case that as rule 63 of the society provided for arbitration in case of any dispute “between any member of the society or any person claiming through or under him or under the rules and the committee president or other officer as to the construction of these rules or any other matter in connection with the society,” the jurisdiction of the Court was ousted. The justices allowed the objection and dismissed the case.