Australian Federation of Islamic Councils Inc v United Muslims of New South Wales Inc [2021] NSWCA 311

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Federation of Islamic Councils Inc v United Muslims of New South Wales Inc [2021] NSWCA 311 Hearing dates: 13 July 2021 Decision date: 15 December 2021 Before: Bathurst CJ at [1]; Bell P at [137]; Meagher JA at [138] Decision: (1) Appeal dismissed with costs. Catchwords: ASSOCIATIONS AND CLUBS – rights, duties and liabilities of members – committees – association constitutions – whether an unincorporated association was capable of being a State Council under the AFIC Constitution – where the unincorporated association was a group of individuals ASSOCIATIONS AND CLUBS – meetings – validity – association constitutions – whether UMNSW was removed as the State Council – whether the meeting at which the resolution removing UMNSW as State Council was properly convened ASSOCIATIONS AND CLUBS – meetings – validity – association constitutions – whether UMNSW was replaced as the State Council by an elected committee of individuals ASSOCIATIONS AND CLUBS – rights, duties and liabilities of members – election of members – association constitutions – whether an elected person was duly appointed as delegate of the State Council under the AFIC Constitution Legislation Cited: Associations Incorporation Act 1964 (Tas) Associations Incorporation Act 2009 (NSW) Charitable Collections Act 1934 (NSW) Corporations Act 2001 (Cth) Corporations (Ancillary Provisions) Act 2001 (Cth) Income and Corporation Taxes Act 1970 (UK) Cases Cited: Buckley v Tutty (1971) 125 CLR 353; [1971] HCA 71 Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24 Conservative and Unionist Central Office v Burrell (Inspector of Taxes) [1980] 3 All ER 42 Conservative and Unionist Central Office v Burrell (Inspector of Taxes) [1982] 2 All ER 1 Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal (2020) 280 FCR 194; [2020] FCAFC 145 Islamic Council of New South Wales v Australian Federation of Islamic Councils [2000] NSWSC 115 Islamic Council of NSW v The Australian Federation of Islamic Councils [2000] NSWSC 115 Kibby v Registrar of Titles (1999) 1 VR 861; [1998] VSC 148 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 Maddocks v DJE Constructions Pty Ltd (1982) 148 CLR 104; [1982] HCA 17 National Roads and Motorists' Association Ltd v Parkin (2004) 60 NSWLR 224; [2004] NSWCA 153 North Sydney Brick & Tile Co Ltd v Darvall (1989) 17 NSWLR 327 The Council of the Upper Hunter County District v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429; [1968] HCA 8 United Muslims New South Wales Inc v Australian Federation of Islamic Councils [2021] NSWSC 382 Texts Cited: Nil Category: Principal judgment Parties: Australian Federation of Islamic Councils Inc (First Appellant) Abraham Zoabi (Second Appellant) United Muslims of New South Wales (First Respondent) The Council of Islamic Societies in New South Wales Inc (Second Respondent) Representation: Counsel: M Ashhurst SC with D Meyerowitz-Katz (Appellants) T Dixon with H Pararajasingham (Respondents)