Dehsabzi v Afghan Community Support Association of NSW Inc [2020] NSWSC 899

Supreme Court New South Wales

Medium Neutral Citation: Dehsabzi v Afghan Community Support Association of NSW Inc [2020] NSWSC 899 Hearing dates: 9 and 10 July 2020 Date of orders: 9 and 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Equity Before: Parker J Decision: See [83]-[84] Catchwords: ASSOCIATIONS AND CLUBS – no constitution when incorporated – default constitution Schedule 1 of Association Incorporations Regulations 1999 (NSW) – new constitution lodged – no authority to lodge – removed from Register ASSOCIATIONS AND CLUBS – community association – meeting to elect executive body – two competing fractions – election and nomination process did not adhere to default constitution – non-adherence arguably gave rise to more than procedural irregularities – agreed group of persons to act as receivers appointed to conduct election Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW), ss 14(1), 28, 28(4) 96, 98 Associations Incorporation Regulation 1999 (NSW) Schedule 1, cls 14,15 Associations Incorporation Regulation 2016 (NSW), r 18 Corporations Act 2001 (Cth), ss 201M, 1322, 1322(2), 1322(4) Crimes Act 1900 (NSW), s 307B Cases Cited: Akierman Holdings Pty Ltd v Akerman [2019] NSWSC 1486 Countouris v Kallos [2008] NSWSC 840 Grant v John Grant & Sons Pty Ltd (1980) 82 CLR 1 Morris v Kanssen [1946] AC 459 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Procedural and other rulings Parties: Minayar Dehsabzi (First Plaintiff) Abdulhai Gomulwal (Second Plaintiff) Sayar Dehsabzi (Third Plaintiff) Abdul Quddus Ebrahimi (Fourth Plaintiff) Mohammed Hamed Hares (Fifth Plaintiff) Abdullah Ahmadi (Sixth Plaintiff) Mohammad Aisa Barez (Seventh Plaintiff) Mohammad Aymal (Eigth Plaintiff) Abdul Rasul Ebrahimi (Ninth Plaintiff) Shahwali Mangal (Tenth Plaintiff) Mohmad Farooq Mangal (Eleventh Plaintiff) Abdul Malek Ebrahimi (Twelfth Plaintiff) Abdul Qayoum Gomulwal (Thirteenth Plaintiff)