In the matter of Bosnian Islamic Council of Australia [2024] NSWSC 247

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bosnian Islamic Council of Australia [2024] NSWSC 247 Hearing dates: 4 March 2024 Date of orders: 4 March 2024 Decision date: 04 March 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Winding up order made and liquidators appointed Catchwords: CORPORATIONS — winding up — grounds for winding up — liquidators — where the parties nominate different proposed liquidators — where consideration of cost paramount Legislation Cited: Associations Incorporation Act 2009 (NSW) Corporations Act 2001 (Cth) Cases Cited: Atlas Construction Group Pty Limited (in liquidation) [2018] NSWSC 1189 BH Holdings QLD Pty Limited [2024] NSWSC 132 Emerton Pty Ltd v Referral Marketing Services Pty Ltd [2009] NSWSC 738 In the matter of Evcorp Grains Pty Ltd (No 2) [2014] NSWSC 155 Category: Principal judgment Parties: Bosnian Islamic Council of Australia Incorporated (Plaintiff) Australian Bosnian Islamic Centre Deer Park (Interested Person) Representation: Counsel: A Rizk (Plaintiff) JR Anderson (Interested Party)

Solicitors: Darby Jones Lawyers (Plaintiff) Bridges Lawyers (Interested Party) File Number(s): 2024/00045080

JUDGMENT – EX TEMPORE (REVISED 13 MARCH 2024)

INTRODUCTION 1. This is an application by the plaintiff, the Bosnian Islamic Council of Australia Incorporated (Association), by originating process filed 5 February 2024, that the Association be wound up pursuant to s 63 of the Associations Incorporation Act 2009 (NSW) (AI Act) and that a liquidator be appointed to the Association. 2. The application is made in unusual circumstances, where it appears that the internal organisation and management of the Association is in some disarray, and it effectively states that it has no assets. 3. Also appearing as an interested party on the application is the Australian Bosnian Islamic Centre Deer Park Inc (Deer Park) who supports the application, although not the choice of liquidator put forward by the Association.