Surplus funds and unincorporated associations

Abstract

Legal issues surrounding unincorporated associations continue to present themselves before the courts. In particular, over the years the courts have had to adjudicate on matters relating to the legal nature of an unincorporated association and the destination of surplus finds on winding up of such an association. This article explores the recent decision of the High Court in Hanchett-Stamford v Attorney General and revisits some of the principles which have emerged in the case law governing the surplus assets of unincorporated associations.