||All England Reporter
|| All ER (D) 321 (Apr)
|| EWHC 866 (QB)
||Queen's Bench Division
Judge Mackie QC sitting as a Judge of the High Court
||Richard Leiper (instructed by Bates Wells and Braithwaite) for the claimant.
||Richard Coplin (instructed by Oakwell CDC) for the defendants.
||23 April 2008
Contract - Construction - Contractual term - Constitution of Korean Residents Society - Clauses of constitution providing election committee should 'exert best endeavours to exercise fair election keeping neutrality' and that all votes of absentee voters to be counted - Election Committee failing to count all votes of absentee voters for election of post of chairman - Whether breach of contract.
An election committee did not 'exert its best endeavours to exercise fair election keeping neutrality' and did not 'serve to organise a fair election', where the claimant had lost an election to the first defendant for the post of chairman of the Korean Residents Society (the society), a registered charity with over 40,000 members.
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